H.R. 5090

119th CONGRESS 1st Session

To amend the Uniform Code of Military Justice to expand prohibitions against the wrongful broadcast, distribution, or publication of intimate visual images, including digital forgeries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · September 2, 2025 · Sponsor: Ms. Mace · Committee: Committee on Armed Services

Table of contents

• H.R. 5090
  • SEC. 1. Short title
  • SEC. 2. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the uniform code of military justice
  • SEC. undesignated-section.

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the uniform code of military justice

SEC. undesignated-section.

Section 917a of title 10, united states code (article 117a of the uniform code of military justice) is amended to read as follows:

• (a) Prohibition
  • Any person subject to this chapter—
    • who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—
      • the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;
      • the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual;
      • what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
      • what is depicted is not a matter of public concern; and
      • the broadcast, distribution, or publication of the intimate visual depiction—
        • (i) is intended to cause harm; or
        • (ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual;
    • who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to—
      • abuse, humiliate, harass, or degrade the minor; or
      • arouse or gratify the sexual desire of any person;
    • who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if—
      • the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual;
      • what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
      • what is depicted is not a matter of public concern; and
      • the broadcast, distribution, or publication of the digital forgery—
        • (i) is intended to cause harm; or
        • (ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or
    • who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to—
      • abuse, humiliate, harass, or degrade the minor; or
      • arouse or gratify the sexual desire of any person,
    • 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) Exceptions
  • Subsection (a) shall not apply to—
    • a lawfully authorized investigative, protective, or intelligence activity of—
      • a law enforcement agency of the United States, a State, or a political subdivision of a State; or
      • an intelligence agency of the United States;
    • a disclosure made reasonably and in good faith—
      • to a law enforcement officer or agency;
      • as part of a document production or filing associated with a legal proceeding;
      • as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose;
      • in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or
      • to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;
    • a disclosure reasonably intended to assist the identifiable individual; or
    • a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.
• (c) Consent
  • For the purposes of subsection (a)—
    • 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; and
    • the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction.
• (d) Definitions
  • In this section:
    • The term means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. consent
    • The term means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. digital forgery
    • The term means an individual— identifiable individual
    • The term includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. visual depiction
    • The term — intimate visual depiction
    • The term means actual or simulated— sexually explicit conduct
    • The term means any individual under the age of 18 years. minor
    • The term means to electronically transmit a visual image with the intent that it be viewed by a person or persons. broadcast
    • The term means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. distribute
    • The term means— communications service
    • The term means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.
    • The term means any service which provides to users thereof the ability to send or receive wire or electronic communications. electronic communication service
    • The term means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. information service
    • The term means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. interactive computer service
• Section 917a of title 10, united states code (article 117a of the uniform code of military justice) is amended to read as follows: