[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5896 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5896

 To amend title 18, United States Code, to provide that it is unlawful 
   to knowingly distribute a private, visual depiction of a person's 
 intimate parts or of a person engaging in sexually explicit conduct, 
    with reckless disregard for the person's lack of consent to the 
                 distribution, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Ms. Speier (for herself, Ms. Clark of Massachusetts, Mr. Costello of 
  Pennsylvania, Mr. Meeks, Mr. Rooney of Florida, Mr. Katko, and Mr. 
    Jones) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide that it is unlawful 
   to knowingly distribute a private, visual depiction of a person's 
 intimate parts or of a person engaging in sexually explicit conduct, 
    with reckless disregard for the person's lack of consent to the 
                 distribution, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intimate Privacy Protection Act of 
2016''.

SEC. 2. CERTAIN ACTIVITIES RELATING TO VISUAL DEPICTIONS OF THE 
              INTIMATE PARTS OF AN INDIVIDUAL OR OF AN INDIVIDUAL 
              ENGAGED IN SEXUALLY EXPLICIT CONDUCT.

    (a) In General.--Chapter 88 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1802. Certain activities relating to visual depictions of the 
              intimate parts of an individual or of an individual 
              engaged in sexually explicit conduct
    ``(a) In General.--Whoever knowingly uses the mail, any interactive 
computer service or electronic communication service or electronic 
communication system of interstate commerce, or any other facility of 
interstate or foreign commerce to distribute a visual depiction of a 
person who is identifiable from the image itself or information 
displayed in connection with the image and who is engaging in sexually 
explicit conduct, or of the naked genitals or post-pubescent female 
nipple of the person, with reckless disregard for the person's lack of 
consent to the distribution, shall be fined under this title or 
imprisoned not more than 5 years, or both.
    ``(b) Exceptions.--
            ``(1) Law enforcement and other legal proceedings.--This 
        section--
                    ``(A) does not prohibit any lawful law enforcement, 
                correctional, or intelligence activity;
                    ``(B) shall not apply in the case of an individual 
                reporting unlawful activity; and
                    ``(C) shall not apply to a subpoena or court order 
                for use in a legal proceeding.
            ``(2) Voluntary public or commercial exposure.--This 
        section does not apply to a visual depiction of a voluntary 
        exposure of an individual's own naked genitals or post-
        pubescent female nipple or an individual's voluntary engagement 
        in sexually explicit conduct if such exposure takes place in 
        public or in a lawful commercial setting.
            ``(3) Certain categories of visual depictions excepted.--
        This section shall not apply in the case of a visual depiction, 
        the disclosure of which is in the bona fide public interest.
            ``(4) Telecommunications and internet service providers.--
        This section shall not apply to any provider of an interactive 
        computer service as defined in section 230(f)(2) of the 
        Communications Act of 1934 (47 U.S.C. 230 (f)(2)) with regard 
        to content provided by another information content provider, as 
        defined in section 230(f)(3) of the Communications Act of 1934 
        (47 U.S.C. 230(f)(3)) unless such provider of an interactive 
        computer service intentionally promotes or solicits content 
        that it knows to be in violation of this section.
    ``(c) Definitions.--In this section:
            ``(1) Except as otherwise provided, any term used in this 
        section has the meaning given that term in section 1801.
            ``(2) The term `visual depiction' means any photograph, 
        film, or video, whether produced by electronic, mechanical, or 
        other means.
            ``(3) The term `sexually explicit conduct' has the meaning 
        given that term in section 2256(2)(A).''.
    (b) Clerical Amendment.--The table of sections of chapter 88 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1801 the following:

``1802. Certain activities relating to visual depictions of the 
                            intimate parts of an individual or of an 
                            individual engaged in sexually explicit 
                            conduct.''.
                                 <all>