(1) In this section: (a) “Act of prostitution” means a sexual act or sexual contact on account of which anything of value is given to, or received by, any person. (b) “Broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person. (c) “Distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means. (d) “Indecent manner” means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations. (e) “Private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (f) “Under circumstances in which that other person has a reasonable expectation of privacy” means any of the following: 1. Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured. 2. Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public. (2) Any person subject to this chapter who, without legal justification or lawful authorization, does any of the following is guilty of sexual misconduct and shall be punished as a court-martial may direct: (a) Knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy. (b) Knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy. (c) Knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in pars. (a) and (b). (3) Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct. (4) Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct.
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