[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5883. Ms. KLOBUCHAR (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. 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) 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)).
       ``(3) Intimate visual depiction.--The term `intimate visual 
     depiction' means any visual depiction (as that term is 
     defined in section 2256(5)) of an individual who is 
     recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image itself 
     or information or text displayed in connection with the 
     intimate image who has attained 18 years of age at the time 
     the intimate visual depiction is created and--
       ``(A) who is depicted engaging in sexually explicit 
     conduct; or
       ``(B) whose genitals, anus, pubic area, or female nipple 
     are unclothed and visible.
       ``(4) Visual depiction of a nude minor.--The term `visual 
     depiction of a nude minor' means any visual depiction (as 
     that term is defined in section 2256(5)) of an individual who 
     is recognizable by an individual other than the depicted 
     individual from the intimate image itself or information or 
     text displayed in connection with the intimate image who was 
     under 18 years of age at the time the visual depiction was 
     created in which the actual anus, genitals, or pubic area, or 
     post-pubescent female nipple, of the minor are unclothed, 
     visible, and displayed in a manner that does not constitute 
     sexually explicit conduct.
       ``(5) Sexually explicit conduct.--The term `sexually 
     explicit conduct' has the meaning given that term in section 
     2256(2)(A).
       ``(b) Offense.--
       ``(1) In general.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to distribute using 
     any means or facility of interstate or foreign commerce or 
     affecting interstate or foreign commerce, an intimate visual 
     depiction of an individual--
       ``(A) with knowledge of or reckless disregard for the lack 
     of consent of the individual to the distribution;
       ``(B) where what is depicted was not voluntarily exposed by 
     the individual in a public or commercial setting; and
       ``(C) where what is depicted is not a matter of public 
     concern.
     For purposes of this paragraph, the fact that the subject of 
     the depiction consented to the creation of the depiction 
     shall not establish that that person consented to its 
     distribution.
       ``(2) Minors.--Except as provided in subsection (d), it 
     shall be unlawful to knowingly mail, or to distribute using 
     any means or facility of interstate or foreign commerce or 
     affecting interstate or foreign commerce, a visual depiction 
     of a nude minor with intent to abuse, humiliate, harass, or 
     degrade the minor, or to arouse or gratify the sexual desire 
     of any person.
       ``(c) Penalty.--
       ``(1) In general.--Any person who violates subsection (b), 
     or attempts or conspires to do so, shall be fined under this 
     title, imprisoned not more than 5 years, or both.
       ``(2) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation involving intimate visual 
     depictions or visual depictions of a nude minor under this 
     section, or convicted of a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section, shall order, in addition to 
     any other sentence imposed and irrespective of any provision 
     of State law, that such person forfeit to the United States--
       ``(i) any material distributed in violation of this 
     section;
       ``(ii) such person's interest in property, real or 
     personal, constituting or derived from any gross proceeds of 
     such violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     such violation; and
       ``(iii) any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of such 
     offense.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), applies to the criminal forfeiture of property 
     pursuant to subparagraph (A).
       ``(3) Restitution.--Restitution shall be available as 
     provided in section 2264 of title 18, United States Code.
       ``(d) Exceptions.--
       ``(1) Law enforcement, lawful reporting, and other legal 
     proceedings.--This section--
       ``(A) does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States;
       ``(B) shall not apply in the case of an individual acting 
     in good faith to report unlawful activity or in pursuance of 
     a legal or professional or other lawful obligation; 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, such content.
       ``(e) Threats.--Any person who threatens to commit an 
     offense under subsection (b) shall be punished as provided in 
     subsection (c).
       ``(f) Extraterritoriality.--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.
       ``(g) Civil Forfeiture.--The following shall be subject to 
     forfeiture to the United States in accordance with provisions 
     of chapter 46 and no property right shall exist in them:
       ``(1) Any material distributed in violation of this 
     chapter.
       ``(2) Any property, real or personal, that was used, in any 
     manner, to commit or to facilitate the commission of a 
     violation involving intimate visual depictions or visual 
     depictions of a nude minor under this section or a conspiracy 
     of a violation involving intimate visual depictions or visual 
     depictions of a nude minor under this section.
       ``(3) Any property, real or personal, constituting, or 
     traceable to the gross proceeds obtained or retained in 
     connection with or as a result of a violation involving 
     intimate visual depictions or visual depictions of a nude 
     minor under this section, a conspiracy of a violation 
     involving intimate visual depictions or visual depictions of 
     a nude minor under this section.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to limit the application of any other relevant 
     law, including section 2252 of this title.''.
       (b) Clerical Amendment.--The table of sections for 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.''.
                                 ______