[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2162 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 2162
To amend title 18, United States Code, to provide that it is unlawful
to knowingly distribute a private, visual depiction of an individual's
intimate parts or of an individual engaging in sexually explicit
conduct, with reckless disregard for the individual's lack of consent
to the distribution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 28, 2017
Ms. Harris (for herself, Mr. Burr, and Ms. Klobuchar) introduced the
following bill; which was read twice and 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 an individual's
intimate parts or of an individual engaging in sexually explicit
conduct, with reckless disregard for the individual'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 ``Ending Nonconsensual Online User
Graphic Harassment Act of 2017'' or the ``ENOUGH Act''.
SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.
(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 intimate visual depictions
``(a) Definitions.--In this section:
``(1) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a
common carrier, as that term is defined in section 3 of
the Communications Act of 1934 (47 U.S.C. 153), insofar
as the person is acting as a common carrier;
``(B) an electronic communication service, as that
term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
``(D) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)).
``(2) Distribute.--The term `distribute' includes enabling
access, such as by sharing a private reference.
``(3) Information content provider.--The term `information
content provider' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(4) Intimate visual depiction.--The term `intimate visual
depiction' means any visual depiction (as that term is defined
in section 2256(5))--
``(A) of an individual who is reasonably
identifiable from the visual depiction itself or
information displayed in connection with the visual
depiction;
``(B) in which--
``(i) the individual is engaging in
sexually explicit conduct; or
``(ii) the naked genitals or post-pubescent
female nipple of the individual are visible;
``(C) in which the content described in
subparagraph (B) is not simulated; and
``(D) in original or modified format, such as with
a filter or text overlay.
``(5) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in section
2256(2)(A).
``(b) Offense.--Except as provided in subsection (d), it shall be
unlawful to knowingly use any means or facility of interstate or
foreign commerce to distribute an intimate visual depiction of an
individual--
``(1) with knowledge of or reckless disregard for--
``(A) the lack of consent of the individual to the
distribution;
``(B) the reasonable expectation of the individual
that the depiction would remain private; and
``(C) harm that the distribution could cause to the
individual; and
``(2) without an objectively reasonable belief that such
distribution touches upon a matter of public concern.
``(c) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned not more than 5 years, or both.
``(d) 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 in good faith; and
``(C) shall not apply in the case of a document
production or filing associated with a legal
proceeding.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to content
provided by another information content provider unless the
provider of the communications service intentionally solicits,
or knowingly and predominantly distributes, content that the
provider of the communications service has actual knowledge is
in violation of this section.
``(e) Threats and Extortion.--Any person who intentionally
threatens to commit an offense under subsection (b), regardless of
whether the threat is an act of extortion, shall be punished as
provided in subsection (c).
``(f) Venue and Extraterritoriality.--A prosecution under this
section may be brought in a district where the defendant or the
depicted individual resides or in a district where the intimate visual
depictions are distributed or made available. There is extraterritorial
Federal jurisdiction over an offense under this section if the
defendant or the depicted individual is a citizen or permanent resident
of the United States.''.
(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 intimate visual depictions.''.
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