; (B) in which— (i) the individual is engaging in sexually explicit conduct; or (ii) the naked genitals or post-pubescent female nipple of the individual are visible; (C) in which the content described in subparagraph (B) is not simulated; and (D) in original or modified format, such as with a filter or text overlay. (5) Sexually explicit conduct The term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offense Except as provided in subsection (d), it shall be unlawful to knowingly use any means or facility of interstate or foreign commerce to distribute an intimate visual depiction of an individual— (1) with knowledge of or reckless disregard for— (A) the lack of consent of the individual to the distribution; (B) the reasonable expectation of the individual that the depiction would remain private; and (C) harm that the distribution could cause to the individual; and (2) without an objectively reasonable belief that such distribution touches upon a matter of public concern. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Exceptions (1) Law enforcement and other legal proceedings This section— (A) does not prohibit any lawful law enforcement, correctional, or intelligence activity; (B) shall not apply in the case of an individual reporting unlawful activity in good faith