This bill would make it a federal crime to knowingly mail or otherwise distribute private intimate visual images of an adult when the distributor knew or should have known the person had a reasonable expectation of privacy, the image was not exposed in public, it was not a matter of public concern, and the distribution was intended to cause harm or did cause harm (including psychological, financial, or reputational harm). The bill treats knowingly distributing a visual depiction of a nude minor with intent to abuse, humiliate, harass, degrade, or to arouse someone as a separate offense.
The bill sets penalties: up to 2 years in prison and fines for distributing intimate visual depictions of adults, and up to 3 years in prison and fines for distributing visual depictions of a nude minor with the stated intent. Courts must order forfeiture of materials and certain proceeds related to the offense. Restitution is available as provided under section 2264 of title 18. The bill also makes intentional threats to commit these offenses punishable.
The bill includes exceptions. It does not apply to lawful law enforcement or intelligence activities. It allows distributions made in good faith to report unlawful activity, to seek help, to assist the depicted person, for legitimate medical, scientific, or educational purposes, or as part of legal filings. Providers of communications services are protected unless they intentionally solicit or knowingly and predominantly distribute the content. The bill provides federal jurisdiction in cases where the defendant or the depicted person is a United States citizen or lawful permanent resident.
If you knowingly share private intimate images under the covered circumstances, you could face federal criminal charges, fines, and forfeiture of materials and related proceeds. Consent to the creation of an image does not count as consent to its distribution. Platforms that host content are generally protected unless they intentionally solicit or knowingly and predominantly distribute this content. The bill includes several safe-harbor exceptions for reporting, seeking help, assisting the depicted person, and certain professional uses.
No publicly available information on costs or federal spending related to this bill.
No public statements are included in the bill text, but the bill text focuses on protecting people from harm caused by nonconsensual distribution of private intimate images by creating criminal penalties, forfeiture, and restitution, while listing exceptions for reporting, assistance, and certain service providers.
No publicly available information.