Definitions

In this Act: (1) Communication of an intimate visual depiction (A) In general The term communication of an intimate visual depiction, when used with respect to an individual, includes a transmission, dissemination, or receipt through electronic or other communication containing at least 1 intimate visual depiction of the individual without the individual's consent. (B) Definitions In this paragraph: (i) Intimate visual depiction The term intimate visual depiction means any— (I) photograph, motion picture film, videotape, digital image, image from social media, or any other recording or other image of an individual (other than the person taking the image), which individual is identifiable from the image itself or from information displayed with or otherwise connected to the image, that depicts— (aa) sexual activity, including sexual intercourse or masturbation; or (bb) an individual’s intimate body parts, whether nude or visible through less than opaque clothing; or (II) deepfake of the individual used to realistically depict the individual such that a reasonable person would believe the individual is actually depicted, that depicts— (aa) sexual activity, including sexual intercourse or masturbation; or (bb) an individual’s intimate body parts, whether nude or visible through less than opaque clothing. (ii) Consent The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. (iii) Deepfake The term deepfake means a video or image that is generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict an individual’s appearance or conduct. (2) Dating violence; sexual assault; stalking The terms dating violence, sexual assault, and stalking have the meanings given the terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (3) Domestic partner (A) In general The term domestic partner, with respect to an individual, means another individual with whom the first individual is in a committed relationship, as defined under subparagraph (B). (B) Committed relationship In this paragraph, the term committed relationship means a relationship in which the covered individual, and the domestic partner of the covered individual, share responsibility for a significant measure of each other's common welfare. This includes any relationship between individuals of the same or different sex that is granted legal recognition by a State or other political subdivision as a marriage or analogous relationship (including a civil union). (4) Domestic violence The term domestic violence has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291), except that the reference in such section to the term jurisdiction receiving grant funding shall be deemed to mean the jurisdiction in which the victim lives. (5) Employ; State The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (6) Employee (A) In general The term employee means any individual employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)). (B) Basis The term includes an individual employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance. (7) Employer The term employer has the meaning given the term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (8) Employment benefits The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). (9) Family or household member The term family or household member, used with respect to an individual, means an individual who— (A) is a son or daughter, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the individual is the equivalent of a family relationship; and (B) is not the abuser (as defined in section 501) involved. (10) Family violence The term family violence has the meaning given the term in section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402), except that such term shall include an action committed against that individual by any family member or any person who resides in that individual’s household. (11) Gender-based violence and harassment (A) In General The term gender-based violence and harassment means violence and harassment directed at an individual because of their sex or gender, or affecting individuals of a particular sex or gender disproportionately, and includes sexual harassment. (B) Violence and harassment In this paragraph, the term violence and harassment means a range of unacceptable behaviors and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual, economic, or technological harm, and includes sexual harassment. (12) Person The term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (13) Public agency The term public agency has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (14) Public assistance The term public assistance includes cash, benefits issued under a supplemental nutrition assistance program under section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013), medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency. (15) Qualifying act of violence The term qualifying act of violence means an act, conduct, or pattern of conduct that is or could constitute any of the following: (A) Domestic violence. (B) Family violence. (C) Sexual assault. (D) Sexual harassment. (E) Stalking. (F) Dating violence. (G) Trafficking. (H) Communication of an intimate visual depiction. (I) Other forms of gender-based violence or harassment. (J) An act, conduct, or pattern of conduct— (i) in which an individual causes or threatens to cause bodily injury or death to another individual; (ii) in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or (iii) in which an individual uses, or makes a reasonably perceived or actual threat to use force against another individual to cause bodily injury or death. (16) Sexual harassment The term sexual harassment means conduct that is considered to be sexual harassment under applicable Federal, Tribal, or State law. (17) Trafficking The term trafficking means an act or threat of an act that may constitute sex trafficking or human trafficking, as prescribed by Federal, Tribal, or State law. (18) Victim of a qualifying act of violence The term victim of a qualifying act of violence includes— (A) an individual who has experienced or is experiencing a qualifying act of violence; and (B) an individual whose family or household member has experienced or is experiencing a qualifying act of violence. (19) Victim services organization The term victim services organization means an organization that provides services to victims of a qualifying act of violence, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.