PRIVATE Act

Protecting the Rights of IndiViduals Against Technological Exploitation Act or the PRIVATE Act

This bill amends the Uniform Code of Military Justice to prohibit a person from knowingly and wrongfully broadcasting or distributing an intimate visual image of a private area of another individual who is at least 18 years old, who is identifiable from the image or from information displayed in connection with the image, and who does not explicitly consent, if the person knows or reasonably should have known that:

• the image was made under circumstances in which the individual depicted retained a reasonable expectation of privacy regarding any broadcast or distribution of such image; and
• the broadcast or distribution of the intimate visual image is likely to cause harm, harassment, intimidation, emotional distress, or financial loss for the individual depicted or to harm substantially the depicted individual's health, safety, business, calling, career, financial condition, reputation, or personal relationships.

The perpetrator of such offense is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.