; or (2) actual damages. (d) Relation to Communications Decency Act Nothing in this section shall be construed to affect section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). 202. Criminal prohibition on nonconsensual distribution of intimate visual depictions (a) In general Chapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Nonconsensual distribution of intimate visual depictions (a) Definitions In this section: (1) Information content provider The term information content provider has the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Interactive computer service The term interactive computer service has the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction The term intimate visual depiction means any visual depiction— (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction, including through— (i) facial recognition; (ii) an identifying marking on the individual, including a birthmark or piercing; (iii) an identifying feature of the background of the visual depiction; (iv) voice matching; or (v) written confirmation from an individual who is responsible, in whole or in part, for the creation or development of the visual depiction; and (B) in which— (i) the individual depicted is engaging in sexually explicit conduct