Criminal action

(a) In general Chapter 110 of title 18, United States Code, is amended by inserting after section 2252C the following: 2252D. Intimate digital depictions (a) Offense Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction— (1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or (2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). (b) Penalty Any person who commits an offense under subsection (a) shall be— (1) fined under this title, imprisoned for not more than 2 years, or both; or (2) fined under this title, imprisoned for not more than 10 years, or both, in the case of a violation in which the creation, reproduction, or distribution of the intimate digital depiction could be reasonably expected to— (A) affect the conduct of any administrative, legislative, or judicial proceeding of a Federal, State, local, or Tribal government agency, including the administration of an election or the conduct of foreign relations; or (B) facilitate violence. (c) Disclaimers It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. (d) Limitations For purposes of this section, a provider of an interactive computer service shall not be held liable on account of— (1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or (2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. (e) Definitions In this section: (1) Consent The term consent has the meaning given such term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022. (2) Depicted individual The term depicted individual means an individual who, as a result of digitization or by means of digital manipulation, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. (3) Digital depiction The term digital depiction means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using digital manipulation. (4) Disclose The term disclose has the meaning given such term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022. (5) Intimate digital depiction The term intimate digital depiction means a digital depiction of an individual that has been created or altered using digital manipulation and that depicts— (A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; (B) the display or transfer of bodily sexual fluids— (i) onto any part of the body of an identifiable individual; or (ii) from the body of an identifiable individual; or (C) an identifiable individual engaging in sexually explicit conduct. (6) Sexually explicit conduct The term sexually explicit conduct has the meaning given the term in subparagraphs (A) and (B) of section 2256(2).. (b) Clerical amendment The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: 2252D. Intimate digital depictions..