; or (ii) the naked genitals, anus, pubic area 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. (4) 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; and (B) the reasonable expectation of the individual that the depiction would remain private; 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, lawful reporting, 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 acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation