Page:United States Statutes at Large Volume 119.djvu/3279

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3261

action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another being subjected to a lesser degree of harm than death, grievous bodily harm, or kidnapping. ‘‘(B) INCLUSIONS.—Such lesser degree of harm includes— ‘‘(i) physical injury to another person or to another person’s property; or ‘‘(ii) a threat— ‘‘(I) to accuse any person of a crime; ‘‘(II) to expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or ‘‘(III) through the use or abuse of military position, rank, or authority, to affect or threaten to affect, either positively or negatively, the military career of some person. ‘‘(8) BODILY HARM.—The term ‘bodily harm’ means any offensive touching of another, however slight. ‘‘(9) CHILD.—The term ‘child’ means any person who has not attained the age of 16 years. ‘‘(10) LEWD ACT.—The term ‘lewd act’ means— ‘‘(A) the intentional touching, not through the clothing, of the genitalia of another person, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or ‘‘(B) intentionally causing another person to touch, not through the clothing, the genitalia of any person with an intent to abuse, humiliate or degrade any person, or to arouse or gratify the sexual desire of any person. ‘‘(11) INDECENT LIBERTY.—The term ‘indecent liberty’ means indecent conduct, but physical contact is not required. It includes one who with the requisite intent exposes one’s genitalia, anus, buttocks, or female areola or nipple to a child. An indecent liberty may consist of communication of indecent language as long as the communication is made in the physical presence of the child. If words designed to excite sexual desire are spoken to a child, or a child is exposed to or involved in sexual conduct, it is an indecent liberty; the child’s consent is not relevant. ‘‘(12) INDECENT CONDUCT.—The term ‘indecent conduct’ means that 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. Indecent conduct includes observing, or making a videotape, photograph, motion picture, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material, without another person’s consent, and contrary to that other person’s reasonable expectation of privacy, of— ‘‘(A) that other person’s genitalia, anus, or buttocks, or (if that other person is female) that person’s areola or nipple; or ‘‘(B) that other person while that other person is engaged in a sexual act, sodomy (under section 925 (article 125)), or sexual contact.

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