HR 8387 — VANISH Act Victimizer Accountability for Nonconsensual Images and Spiteful Humiliation Act

Summary

To amend title 18, United States Code, to prohibit the disclosure of intimate images, and for other purposes.

Bill Text

• Introduced Introduced in House Current html May 14, 2024

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new offense regarding the unauthorized disclosure of intimate images to Title 18 of the U.S. Code.

• 18 U.S.C. § 1802

  Prohibition of disclosure of intimate images (a) Offense.--Except as provided in subsection (b), whoever--(1) recklessly discloses, in or affecting interstate or foreign commerce or using any means, channel, facility, or instrumentality of interstate or foreign commerce, an intimate visual depiction of an individual, without the consent of the individual;(2) knowingly threatens to commit an offense described in paragraph (1); or(3) conspires to commit an offense described in paragraph (1),shall be fined under this title, imprisoned not more than 5 years, or both.

  This introduces a new criminal offense for disclosing intimate images without consent.

• 18 U.S.C. § 1802

  For purposes of subsection (a)--(1) the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure;(2) the fact that the depicted individual is a public figure shall not establish that the depicted individual consented to the disclosure of the intimate visual depiction; and(3) the fact that the depicted individual disclosed the intimate visual depiction to someone else shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction by the person alleged to have violated subsection (a).

  Clarifies that consent for creation of an image does not imply consent for its disclosure.

• 18 U.S.C. § 1802

  This section shall not apply with respect to--(1) an intimate visual depiction that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual;(2) a disclosure made in good faith--(A) to a law enforcement officer or agency;(B) as part of a legal proceeding;(C) as part of medical education, diagnosis, or treatment; or(D) in the reporting or investigation of--(i) unlawful content; or(ii) unsolicited or unwelcome conduct;(3) matter of public concern or public interest; or(4) a disclosure reasonably intended to assist the identifiable individual.

  Defines exceptions to the prohibition, including disclosures made to law enforcement or as part of legal proceedings.

• 18 U.S.C. § 1802

  There is extraterritorial Federal jurisdiction over an offense under this section if the alleged offender or the depicted individual is a national of the United States.

  Establishes extraterritorial jurisdiction for offenses under this new section.

• 18 U.S.C. § 1802

  Definitions.--In this section: (1) The term 'consent' means an affirmative, conscious, competent, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.(2) The term 'depicted individual' means an individual whose body appears in whole or in part in an intimate visual 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 visual depiction.(3) The term 'disclose' means to transfer, publish, distribute, or make accessible.

  Provides definitions for key terms used in the new offense.

• 18 U.S.C. § 1802

  The term 'intimate visual depiction'--(A) means a visual depiction that depicts--(i) the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or(ii) the display or transfer of bodily sexual fluids on to any part of the body of an identifiable individual; or(iii) an identifiable individual engaging in sexually explicit conduct; and(B) includes any visual depictions produced while the identifiable individual was in a public place only if the individual did not voluntarily display the content depicted; or(ii) consent to the sexual conduct depicted.

  Defines what constitutes an 'intimate visual depiction' under the new law.

Action History

1. May 14, 2024

   Referred to the House Committee on the Judiciary.

2. May 14, 2024

   Introduced in House

Sponsors

• Nancy Mace · Primary

Subjects