VANISH Act

Chapter 88 of title 18, United States Code, is amended by adding at the end the following:

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.

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).

This section shall not apply with respect to—

(A) an intimate visual depiction that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual;

(B) a disclosure made in good faith—

(i) to a law enforcement officer or agency;

(ii) as part of a legal proceeding;

(iii) as part of medical education, diagnosis, or treatment; or

(iv) in the reporting or investigation of—

(I) unlawful content; or

(II) unsolicited or unwelcome conduct;

(C) matter of public concern or public interest; or

(D) a disclosure reasonably intended to assist the identifiable individual.

This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, content that the provider of the communications service knows is in violation of this section.

The fact that an intimate visual depiction depicts a public figure does not constitute an exception under paragraph (1)(C).

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 (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

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.

(4) The term intimate visual depiction —

(A) means a visual depiction, as that term is defined in section 2256(5), 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—

(I) on to any part of the body of an identifiable individual; or

(II) from the body of an identifiable individual; or

(iii) an identifiable individual engaging in sexually explicit conduct; and

(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—

(i) voluntarily display the content depicted; or

(ii) consent to the sexual conduct depicted.

(5) The term sexually explicit conduct has the meaning given the term in subparagraph (A) of section 2256(2).

(6) The term ‘communications service’ means—

(A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153), insofar as the person is acting as a common carrier;

(B) an electronic communication service, as that term is defined in section 2510;

(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

(D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

(7) The term information content provider has the meaning given such term i section 230(f) fo the Communications Act of 1934 (47 U.S.C. 230(f)).

The table of sections for chapter 88 of title 18, United States Code, is amended by adding at the end the following: