§217a. Article 117a. Wrongful broadcast or distribution of intimate visual images
A. Prohibition. Any person subject to this Code:
(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:
(a)is at least eighteen years of age at the time the intimate visual image or visual
image of sexually explicit conduct was created;
(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
(c)does not explicitly consent to the broadcast or distribution of the intimate visual
image or visual image of sexually explicit co
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§217a. Article 117a. Wrongful broadcast or distribution of intimate visual images
A. Prohibition. Any person subject to this Code:
(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:
(a) is at least eighteen years of age at the time the intimate visual image or visual
image of sexually explicit conduct was created;
(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
(c) does not explicitly consent to the broadcast or distribution of the intimate visual
image or visual image of sexually explicit conduct;
(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;
(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:
(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
(b) to harm substantially the depicted person with respect to that person's health,
safety, business, calling, career, financial condition, reputation, or personal relationships; and
(4) whose conduct, under the circumstances, had a reasonably direct and palpable
connection to a military mission or military environment, 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.
B. Definitions. In this Article:
(1) Broadcast. The term "broadcast" means to electronically transmit a visual image
with the intent that it be viewed by a person or persons.
(2) Distribute. The term "distribute" means to deliver to the actual or constructive
possession of another person, including transmission by mail or electronic means.
(3) Intimate visual image. The term "intimate visual image" means a visual image
that depicts a private area of a person.
(4) Private area. The term "private area" means the naked or underwear-clad
genitalia, anus, buttocks, or female areola or nipple.
(5) Reasonable expectation of privacy. The term "reasonable expectation of privacy"
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.
(6) Sexually explicit conduct. The term "sexually explicit conduct" 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.
(7) Visual image. The term "visual image" means all of the following:
(a) Any developed or undeveloped photograph, picture, film, or video.
(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.
(c) Any digital or electronic data capable of conversion into a visual image.