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—

is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;

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

does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

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;

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—

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

to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and

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) D .—In this section: EFINITIONS

B .—The term “broadcast” means ROADCAST to electronically transmit a visual image with the intent that it be viewed by a person or persons.

D .—The term “distribute” means to ISTRIBUTE deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.

I V I .—The term NTIMATE ISUAL MAGE "intimate visual image" means a visual image that depicts a private area of a person.

P A . —The term "private area" RIVATE REA means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

R E P . — EASONABLE XPECTATION OF RIVACY 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.

S E C . —The term EXUALLY XPLICIT ONDUCT "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.

V I . —The term "visual image" ISUAL MAGE means the following:

Any developed or undeveloped photograph, picture, film, or video.

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.

Any digital or electronic data capable of conversion into a visual image.

That the accused knowingly and wrongfully broadcasted or distributed a visual image;

That the visual image is an intimate visual image of another person or a visual image of sexually explicit conduct involving another person;

That the person depicted in the intimate visual image or visual image of sexually explicit conduct —

is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;

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

does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

That the accused knew 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 retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;

That the accused knew or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct was likely 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

harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; and

That the conduct of the accused, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment.

See Paragraph 55a.a.(b) for definitions.

Wrongful means without legal justification or excuse. This paragraph shall not apply in the case of a visual image the disclosure of which is in the bona fide public interest. For example, this paragraph does not prohibit any lawful law enforcement, correctional, or intelligence activity; shall not apply to the reporting of unlawful activity; and shall not apply to a subpoena or court order for use in a legal proceeding.

A reasonable expectation of privacy is determined based on the totality of the circumstances.

The connection between the conduct and a military mission or military environment is contextually oriented and cannot be evidenced by conduct that is connected only in a remote or indirect sense. To constitute an offense under the UCMJ, the conduct must have a measurably divisive effect on unit or organization discipline, morale, or cohesion, or must be clearly detrimental to the authority or stature of or respect toward a Servicemember. d. Maximum punishment . Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. e. Sample specification . In that ____ (personal jurisdiction data), did (at/on board-location), on or about __ 20 _, knowingly and wrongfully [(distribute) (broadcast)] [(an intimate visual image of _______) (a visual image of sexually explicit conduct involving ________)], a person who was at least 18 years of age when the image was created, is identifiable from (the image itself) (information conveyed in connection with the image), and did not explicitly consent to the (broadcast) (distribution) of the image, when the accused (knew) (reasonably should have known) the image was made under circumstances in which ___________ retained a reasonable expectation of privacy regarding any (broadcast) (distribution) of the image, and where the accused (knew) (reasonably should have known) that the (broadcast) (distribution) of the image was likely to [cause (harm) (harassment) (intimidation) (emotional distress) (financial loss), to wit: ____ ] [harm substantially the (health) (safety) (business) (calling) (career) (financial condition) (reputation) (personal relationships), to wit: ______ ] and that, under the circumstances, such conduct had a reasonably direct and palpable connection to a (military mission) (military environment)."