; (B) the display or transfer of bodily sexual fluids— (i) onto any part of the body of an identifiable individual; or (ii) from the body of an identifiable individual; or (C) an identifiable individual engaging in sexually explicit conduct. (6) Sexually explicit conduct The term sexually explicit conduct has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. (b) Right of action (1) In general Except as provided in subsection (e), an individual who is the subject of an intimate digital depiction that is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in subsection (d). (2) Rights on behalf of certain individuals In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual’s estate, another family member, or any other person appointed as suitable by the court, may assume the individual’s rights under this section, but in no event shall the defendant be named as such representative or guardian. (c) Consent For purposes of an action under subsection (b)— (1) an individual’s consent to the creation of the intimate digital depiction shall not establish that the person consented to its disclosure; and (2) consent shall be deemed validly given only if— (A) it is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual