[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1346 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1346

     To amend the Uniform Code of Military Justice to prohibit the 
  nonconsensual distribution of private sexual images and to prohibit 
                  harassment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2017

  Ms. Warren (for herself and Mr. Sullivan) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
     To amend the Uniform Code of Military Justice to prohibit the 
  nonconsensual distribution of private sexual images and to prohibit 
                  harassment, 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 ``Protecting Servicemembers Online Act 
of 2017''.

SEC. 2. PROHIBITION ON NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL 
              IMAGES.

    (a) Prohibition.--Section 920c of title 10, United States Code 
(article 120c of the Uniform Code of Military Justice), is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Nonconsensual Distribution of Private Sexual Images.--
            ``(1) In general.--Any person subject to this chapter who--
                    ``(A) knowingly broadcasts or distributes a visual 
                image of another person who--
                            ``(i) is at least 18 years of age;
                            ``(ii) is identifiable from the image 
                        itself or from information displayed in 
                        connection with the image;
                            ``(iii) is engaged in a sexual act or 
                        exposes a private area; and
                            ``(iv) had a reasonable expectation of 
                        privacy in the conduct depicted on the image;
                    ``(B) knows that the image was to remain private;
                    ``(C) knows that the person depicted in the image 
                has not consented to the broadcast or distribution; and
                    ``(D) broadcasts or distributes the image with the 
                intent to harm, harass, intimidate, or coerce the 
                person depicted in the image;
is guilty of an offense under this subsection and shall be punished as 
a court-martial may direct.
            ``(2) Construction of certain broadcast or distribution.--
        The broadcast or distribution by a person of a visual image of 
        the person to one other particular person shall not, by itself, 
        constitute consent for the broadcast or distribution of the 
        visual image by that particular person to any other person or 
        persons for purposes of this subsection.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to offenses committed on or after the date of the enactment of 
this Act.

SEC. 3. PROHIBITION ON HARASSMENT.

    (a) Punitive Article.--
            (1) In general.--Subchapter X of chapter 47 of title 10, 
        United States Code (the Uniform Code of Military Justice), is 
        amended by inserting after section 917 (article 117) the 
        following new section (article):
``Sec. 917a. Art. 117a. Harassment
    ``(a) In General.--Any person subject to this chapter who--
            ``(1) intentionally engages in a course of conduct, 
        including broadcast or transmission by electronic means, with 
        the intent to cause harm through directing harassing 
        communications at one or more specific other persons; and
            ``(2) causes harm to the other person or persons, or to the 
        military unit of the other person or persons, by the harassing 
        communication;
is guilty of an offense under this section and shall be punished as a 
court-martial may direct.
    ``(b) Definitions.--In this section:
            ``(1) The term `course of conduct' means a pattern of 
        conduct consisting of two or more acts directed to a specific 
        person or persons and evidencing a continuity of purpose.
            ``(2) The term `harassing communication' means a 
        communication that--
                    ``(A) seriously intimidates or harasses another 
                person or persons;
                    ``(B) would cause a reasonable person to suffer 
                substantial emotional distress; and
                    ``(C) serves no military purpose.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter X of chapter 47 of such title is 
        amended by inserting after the item relating to section 917 
        (article 117) the following new item:

``917a. 117a. Harassment.''.
    (b) Coordination With UCMJ Reform.--
            (1) In general.--Effective as of the effective date of the 
        amendments made by division E of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328), as 
        provided in section 5542(a) of that Act, and immediately after 
        the coming into effect of such amendments, subchapter X of 
        chapter 47 of title 10, United States Code (the Uniform Code of 
        Military Justice), is further amended--
                    (A) by transferring section 917a (article 117a), as 
                added by subsection (a), to appear after section 915 
                (article 115), as amended by section 5427 of the 
                National Defense Authorization Act for Fiscal Year 
                2017; and
                    (B) by redesignating such section (article), as so 
                transferred, as section 915a (article 115a).
            (2) Clerical amendments.--Effective as of the effective 
        date provided in paragraph (1), the table of sections at the 
        beginning of subchapter X of chapter 47 of such title, as 
        amended by section 5452 of the National Defense Authorization 
        Act for Fiscal Year 2017, is further amended--
                    (A) by inserting after the item relating to section 
                915 (article 115) the following new item:

``915a. 115a. Harassment.'';
                and
                    (B) by striking the item relating to section 917a 
                (article 117a).
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