[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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