§ Article 117a : Wrongful Broadcast or Distribution of Intimate Visual Images

Article 117a of the UCMJ (10 U.S.C. § 917a) punishes knowingly and wrongfully broadcasting or distributing an intimate visual image of another adult, or a visual image of sexually explicit conduct involving another adult, without that person’s explicit consent, when the other circumstances specified in the statute are present — including a reasonably direct and palpable connection to a military mission or environment.

Who It Applies To

Any person subject to the UCMJ who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person, or a visual image of sexually explicit conduct involving another person, when the circumstances described in the elements below are present.

What It Covers

1. The accused knowingly and wrongfully broadcast or distributed a visual image.
2. The image was an intimate visual image of another person, or a visual image of sexually explicit conduct involving another person.
3. The person depicted was at least 18 years old when the image was created; is identifiable from the image itself or from information displayed with it; and did not explicitly consent to the broadcast or distribution.
4. The accused knew or reasonably should have known that the image was made under circumstances in which the person depicted retained a reasonable expectation of privacy regarding any broadcast or distribution.
5. The accused knew or reasonably should have known that the broadcast or distribution was likely to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted, or to harm that person substantially with respect to health, safety, business, calling, career, financial condition, reputation, or personal relationships.
6. Under the circumstances, the accused’s conduct had a reasonably direct and palpable connection to a military mission or military environment.

Statutory definitions

• Broadcast — to electronically transmit a visual image with the intent that it be viewed by a person or persons.
• Distribute — to deliver to the actual or constructive possession of another person, including by mail or electronic means.
• Intimate visual image — a visual image that depicts a private area of a person. Private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
• Sexually explicit conduct — actual or simulated genital-genital, oral-genital, anal-genital, or oral-anal contact, bestiality, masturbation, or sadistic or masochistic abuse.
• Reasonable expectation of privacy — 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. Under the Manual, it is determined from the totality of the circumstances.
• Visual image — any developed or undeveloped photograph, picture, film, or video; any digital or computer image, picture, film, or video, including streaming media not stored in a permanent format; and any digital or electronic data capable of conversion into a visual image.

Key rules

• “Wrongful” means without legal justification or excuse. Under the Manual, the article does not apply to a disclosure in the bona fide public interest — for example, lawful law enforcement, correctional, or intelligence activity; reporting unlawful activity; or a subpoena or court order for use in a legal proceeding.
• The military connection is contextual and cannot rest on a remote or indirect link. Under the Manual, the conduct must have a measurably divisive effect on unit or organization discipline, morale, or cohesion, or be clearly detrimental to the authority or stature of, or respect toward, a service member.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Sentencing parameters. Category 2 (1–36 months), with a recommended maximum of 24 months, the authorized maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 117a requires an intimate or sexually explicit image of an adult, lack of explicit consent to its distribution, and a military connection. Viewing, recording, or distributing a recording of a person’s private area made without consent is addressed by Article 120c, and images of minors by the Article 134 child pornography offense. Threats to release an image may be addressed by Article 115 or Article 127.

What the Provision Does

Article 117a requires an intimate visual image, or an image of sexually explicit conduct, of another adult, broadcast or distributed without that person’s explicit consent, and a reasonably direct and palpable connection to a military mission or military environment. The maximum confinement is 2 years.

History

Article 117a was added to the UCMJ by the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91, § 533), enacted December 12, 2017.

Sources

• 10 U.S.C. § 917a (Article 117a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 55a
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C