Three further conditions qualify the adult offense
What the document says“``(ii) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; ``(iii) what is depicted is not a matter of public concern; and ``(iv) 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.”
The remaining conditions on the offense in paragraph (2)(A), all of which must hold alongside the privacy condition. What is depicted must not have been voluntarily exposed by the individual in a public or commercial setting, must not be a matter of public concern, and the publication must either be intended to cause harm or in fact cause it. The subparagraph names psychological, financial and reputational harm.
What the document actually says“``(ii) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; ``(iii) what is depicted is not a matter of public concern; and ``(iv) 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.”
The person must not have shown this in public. It must not be news. The post must be meant to hurt, or must hurt.
Harm can mean pain in the mind. It can mean lost money. It can mean a ruined name.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.