{"identifier":"/us/usc/t10/s917a","title":10,"num":"\u00a7\u202f917a.","heading":"Art. 117a. Wrongful broadcast or distribution of intimate visual images","text":"\u00a7\u202f917a.\nArt. 117a. Wrongful broadcast or distribution of intimate visual images\n(a)\nProhibition.\u2014\nAny person subject to this chapter\u2014\n(1) who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who\u2014\n(A) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;\n(B) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and\n(C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;\n(2) who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;\n(3) who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely\u2014\n(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or\n(B) to harm substantially the depicted person with respect to that person\u2019s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and\n(4) whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment,\nis guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.\n(b)\nDefinitions.\u2014\nIn this section:\n(1)\nBroadcast.\u2014\nThe term \u201cbroadcast\u201d means to electronically transmit a visual image with the intent that it be viewed by a person or persons.\n(2)\nDistribute.\u2014\nThe term \u201cdistribute\u201d means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.\n(3)\nIntimate visual image.\u2014\nThe term \u201cintimate visual image\u201d means a visual image that depicts a private area of a person.\n(4)\nPrivate area.\u2014\nThe term \u201cprivate area\u201d means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.\n(5)\nReasonable expectation of privacy.\u2014\nThe term \u201creasonable expectation of privacy\u201d means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public.\n(6)\nSexually explicit conduct.\u2014\nThe term \u201csexually explicit conduct\u201d means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.\n(7)\nVisual image.\u2014\nThe term \u201cvisual image\u201d means the following:\n(A) Any developed or undeveloped photograph, picture, film, or video.\n(B) Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format.\n(C) Any digital or electronic data capable of conversion into a visual image.","url":"https://projectusc.org/usc/t10/s917a.html","content":[{"t":"sec","id":"/us/usc/t10/s917a","children":[{"t":"num","text":"\u00a7\u202f917a."},{"t":"heading","text":"Art. 117a. Wrongful broadcast or distribution of intimate visual images"},{"t":"subsec","id":"/us/usc/t10/s917a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Prohibition.\u2014"},{"t":"chapeau","text":"Any person subject to this chapter\u2014"},{"t":"para","id":"/us/usc/t10/s917a/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who\u2014"},{"t":"subpara","id":"/us/usc/t10/s917a/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s917a/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s917a/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely\u2014"},{"t":"subpara","id":"/us/usc/t10/s917a/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s917a/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to harm substantially the depicted person with respect to that person\u2019s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s917a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t10/s917a/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Broadcast.\u2014"},{"t":"content","text":"The term \u201cbroadcast\u201d means to electronically transmit a visual image with the intent that it be viewed by a person or persons.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Distribute.\u2014"},{"t":"content","text":"The term \u201cdistribute\u201d means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Intimate visual image.\u2014"},{"t":"content","text":"The term \u201cintimate visual image\u201d means a visual image that depicts a private area of a person.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Private area.\u2014"},{"t":"content","text":"The term \u201cprivate area\u201d means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Reasonable expectation of privacy.\u2014"},{"t":"content","text":"The term \u201creasonable expectation of privacy\u201d means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Sexually explicit conduct.\u2014"},{"t":"content","text":"The term \u201csexually explicit conduct\u201d means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s917a/b/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Visual image.\u2014"},{"t":"chapeau","text":"The term \u201cvisual image\u201d means the following:"},{"t":"subpara","id":"/us/usc/t10/s917a/b/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Any developed or undeveloped photograph, picture, film, or video.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s917a/b/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s917a/b/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Any digital or electronic data capable of conversion into a visual image.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}