Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice

548. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows: 917a. Art. 117a. Wrongful broadcast, distribution, or publication of intimate visual images (a) Prohibition Any person subject to this chapter who— (1) knowingly and wrongfully broadcasts, distributes, or publishes a covered image involving a person who— (A) is at least 18 years of age at the time the image was created; (B) is identifiable from the image, or from information displayed or provided in connection with the image; (C) did not consent to the broadcast, distribution, or publication of the image; and (D) did not, in a public or commercial setting, voluntarily— (i) display the private area depicted in the image; or (ii) engage in the sexually explicit conduct depicted in the image; (2) knowingly and wrongfully broadcasts, distributes, or publishes an authentic covered image and knows or reasonably should have known that the image was made under circumstances in which the identifiable individual in the image retained a reasonable expectation of privacy regarding any broadcast, distribution, or publication of the image; or (3) knowingly and wrongfully broadcasts, distributes, or publishes a covered image and knows or reasonably should have known that the broadcast, distribution, or publication of the covered image is likely— (A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the identifiable individual in the image; or (B) to harm substantially the identifiable individual with respect to that person’s health, safety, business, calling, career, financial conduction, reputation, or personal relationships, is guilty of an offense under this section (article) and shall be punished as a court-martial may direct. (b) Definitions In this section (article): (1) Authentic The term authentic , when used with respect to an image, means a visual image of an identifiable individual that accurately represents the individual, and has not been created, altered, manipulated, or generated through the use of machine learning or artificial intelligence in a manner that would cause a reasonable person to perceive the authentic visual image as anything other than a genuine, unmodified, or not digitally forged visual image. (2) Broadcast The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person. (3) Covered image The term covered image means an authentic or digitally forged visual image of— (A) the private area of a person; or (B) sexually explicit conduct involving a person. (4) Digitally forged The term digitally forged , when used with respect to an image, means any visual image of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual image, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual image of the individual and does not accurately reflect the original source or reality. (5) Distribute The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. (6) Identifiable individual The term identifiable individual means an individual whose face, likeness, other distinguishing characteristic (including a unique birthmark or other recognizable feature), or other personally identifiable information is displayed in connection with a covered image. (7) Private area The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (8) Publish The term publish means to display, exhibit, present, or otherwise make a covered image available for viewing by another person in any medium without regard to whether such image is— (A) directly shown to another person; or (B) broadcast or distributed. (9) Reasonable expectation of privacy The term reasonable expectation of privacy means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. (10) Sexually explicit conduct The term sexually explicit conduct means actual or simulated— (A) genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, or the transfer of bodily sexual fluids on to any part of the body of an identifiable individual, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; or (D) sadistic or masochistic abuse. (11) Visual image The term visual image means— (A) any developed or undeveloped photograph, picture, film, or video; (B) any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, even if not stored in a permanent format; (C) any digital or electronic data capable of conversion into a visual image; or (D) any visual image that is digitally forged. .