Page:Executive Order 14062.pdf/5
- (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.
b. Elements.
(1) That the accused knowingly and wrongfully broadcasted or distributed a visual image;
(2) That the visual image is an intimate visual image of another person or a visual image of sexually explicit conduct involving another person;
(3) That the person depicted in the intimate visual image or visual image of sexually explicit conduct—
(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;
(4) 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;
(5) 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
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