U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 917a

Art. 117a. Wrongful broadcast or distribution of intimate visual images

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(a)Prohibition.—Any person subject to this chapter—(1) 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—(A) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;(B) 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(C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;(2) 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;(3) 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—(A) 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(B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and(4) 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)Definitions.—In this section:(1)Broadcast.—The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons.(2)Distribute.—The term “distribute” means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.(3)Intimate visual image.—The term “intimate visual image” means a visual image that depicts a private area of a person.(4)Private area.—The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.(5)Reasonable expectation of privacy.—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.(6)Sexually explicit conduct.—The term “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.(7)Visual image.—The term “visual image” means the following:(A) Any developed or undeveloped photograph, picture, film, or video.(B) 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.(C) Any digital or electronic data capable of conversion into a visual image.(Added Pub. L. 115–91, div. A, title V, § 533(a), Dec. 12, 2017, 131 Stat. 1389.)
Notes of Decisions
Cited in 21 cases (19 in the last 5 years), 2019–2025 · leading case: United States v. Jennings (A.F.C.C.A. 2023).
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United States v. Jennings (A.F.C.C.A. 2023). · cites it 5× “g as a general court-martial at Offutt Air Force Base (AFB), Nebraska, convicted Appellant in accordance with his pleas and pursuant to a plea agreement, of four specifications of wrongful broadcast of intimate visual images,2 four specifications of extortion, and one…”
United States v. Hiser (C.A.A.F. 2022). · cites it 4× “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Hiser (C.A.A.F. 2022). · cites it 4× “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Hiser (C.A.A.F. 2022). · cites it 4× “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Bessmertnyy (A.F.C.C.A. 2019). · cites it 2× “that Appellant knew or reasonably should have known that the recording was made under circumstances in which KG had a reasonable expectation of privacy; and (6) that Appellant’s conduct was 17Because we can resolve Appellant’s claim by examining the text of the statute it- self,…”
United States v. Grijalva (C.A.A.F. 2024). · cites it 2× “He argues that preemption applies because Article 117a, UCMJ, 10 U.S.C. § 917a (2018), covers the same conduct.”
United States v. Grijalva (C.A.A.F. 2024). · cites it 2× “He argues that preemption applies because Article 117a, UCMJ, 10 U.S.C. § 917a (2018), covers the same conduct.”
United States v. Hernandez (A.F.C.C.A. 2020). “ACM S32641 (f rev) guilty of one specification of wrongful broadcast or distribution of intimate vis- ual images, in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a, two specifications of indecent recording, in violation of Article 120c,…”
United States v. Page (N.M.C.C.A. 2021). “_________________________ PUBLISHED OPINION OF THE COURT _________________________ HOLIFIELD, Senior Judge: Appellant was convicted, pursuant to his pleas, of one specification of wrongful broadcast of intimate visual images and one specification of abusive sexual contact in…”
United States v. Black (C.A.A.F. 2022). “And although a CID agent testi- fied that she would have investigated Appellant for possible Article 117a, UCMJ, 10 U.S.C. § 917a, or Article 120c, UCMJ, 10 U.”
United States v. Mays (C.A.A.F. 2023). “He notes that in Article 117a(b)(3), UCMJ, 10 U.S.C. § 917a(b)(3) (2018), Congress specifically defined the term “intimate visual image” as “ ‘a visual image that depicts a private area of a person.”
United States v. Conway (A.F.C.C.A. 2023). “pursuant to a plea agreement, a general court-martial comprised of a military judge sitting alone convicted Appellant of one specification of distribution of intimate visual images, and one specification of knowingly making a false written statement in connection with the…”
Show all 21 citing cases →
— 10 U.S.C. § 917a(a) — 4 cases
United States v. Hiser (C.A.A.F. 2022). “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Hiser (C.A.A.F. 2022). “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Hiser (C.A.A.F. 2022). “Appellant contends that the military judge abused her dis- cretion in accepting his guilty plea to three specifications of wrongfully broadcasting intimate visual images in violation of Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a (2018). According to…”
United States v. Jennings (A.F.C.C.A. 2023). “g as a general court-martial at Offutt Air Force Base (AFB), Nebraska, convicted Appellant in accordance with his pleas and pursuant to a plea agreement, of four specifications of wrongful broadcast of intimate visual images,2 four specifications of extortion, and one…”
— 10 U.S.C. § 917a(b)(2) — 1 case
United States v. Jennings (A.F.C.C.A. 2023). “g as a general court-martial at Offutt Air Force Base (AFB), Nebraska, convicted Appellant in accordance with his pleas and pursuant to a plea agreement, of four specifications of wrongful broadcast of intimate visual images,2 four specifications of extortion, and one…”
— 10 U.S.C. § 917a(b)(3) — 1 case
United States v. Mays (C.A.A.F. 2023). “He notes that in Article 117a(b)(3), UCMJ, 10 U.S.C. § 917a(b)(3) (2018), Congress specifically defined the term “intimate visual image” as “ ‘a visual image that depicts a private area of a person.”
— 10 U.S.C. § 917a(b)(7) — 1 case
United States v. Jennings (A.F.C.C.A. 2023). “g as a general court-martial at Offutt Air Force Base (AFB), Nebraska, convicted Appellant in accordance with his pleas and pursuant to a plea agreement, of four specifications of wrongful broadcast of intimate visual images,2 four specifications of extortion, and one…”
— 10 U.S.C. § 917a(b)(7)(C) — 1 case
United States v. Jennings (A.F.C.C.A. 2023). “g as a general court-martial at Offutt Air Force Base (AFB), Nebraska, convicted Appellant in accordance with his pleas and pursuant to a plea agreement, of four specifications of wrongful broadcast of intimate visual images,2 four specifications of extortion, and one…”
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