What This Bill Does
This bill makes it illegal to share intimate images of adults without their consent if the person sharing the images knows or should know the person pictured expected privacy. The bill also makes it illegal to share nude images of minors with intent to abuse, humiliate, harass, degrade them, or to arouse sexual desire. The law is called the "Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023" or the "SHIELD Act of 2023."
Who It Affects
People who share intimate images without consent, people who share nude images of minors, people depicted in intimate images, law enforcement agencies, internet service providers and social media platforms, and federal courts handling prosecutions.
Key Provisions
* It is unlawful to knowingly share intimate visual depictions (meaning nude or sexually explicit images of someone 18 or older) if the person knew the individual expected privacy, the image was not voluntarily shown in public, it is not a matter of public concern, and sharing it is intended to cause harm or does cause psychological, financial, or reputational harm to the person pictured (Sec. 2(b)(1)).
* It is unlawful to knowingly share nude images of minors with intent to abuse, humiliate, harass, degrade the minor, or to arouse or gratify sexual desire (Sec. 2(b)(2)).
* Anyone who violates the law regarding nude minors faces fines and up to 3 years in prison, while anyone who violates the law regarding adults' intimate images faces fines and up to 2 years in prison (Sec. 2(c)(1)).
* Courts must order people convicted of these crimes to give up any materials they distributed, any property or money they obtained from the crime, and any personal property they used to commit the crime (Sec. 2(c)(2)).
* The law does not apply to law enforcement agencies conducting investigations, to good faith reports of unlawful activity, to legal proceedings, or to communications service providers like internet companies sharing content created by others unless they intentionally seek out or knowingly distribute such content (Sec. 2(d)).
What Changes
A new federal law is created that makes sharing intimate images or nude images of minors illegal when specific conditions are met. People who break this law can be fined and sent to prison. Courts gain the power to require criminals to give up materials and property related to these crimes. The bill adds a new section (Section 1802) to federal criminal law.
Important Definitions
* Intimate visual depiction: A nude or sexually explicit image of someone 18 or older who is recognizable and who expected privacy
* Visual depiction of a nude minor: A nude image of someone under 18 who is recognizable and whose genitals, anus, pubic area, or female nipple are visible but not in a sexually explicit way
* Communications service: Phone companies, internet service providers, information services, and interactive computer services like social media platforms
* Information content provider: Any person or company that creates or selects content for online distribution
* Sexually explicit conduct: As defined elsewhere in federal law
Effective Date
Not specified in bill text
118TH CONGRESS
2D SESSION
S. 412
AN ACT
To provide that it is unlawful to knowingly distribute private
intimate visual depictions with reckless disregard for the
individual’s lack of consent to the distribution, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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† S 412 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Stopping Harmful
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Image Exploitation and Limiting Distribution Act of
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2023’’ or the ‘‘SHIELD Act of 2023’’.
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SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS-
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UAL DEPICTIONS.
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(a) IN GENERAL.—Chapter 88 of title 18, United
7
States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 1802. Certain activities relating to intimate visual
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depictions
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‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) COMMUNICATIONS
SERVICE.—The term
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‘communications service’ means—
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‘‘(A) a service provided by a person that is
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a common carrier, as that term is defined in
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section 3 of the Communications Act of 1934
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(47 U.S.C. 153), insofar as the person is acting
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as a common carrier;
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‘‘(B) an electronic communication service,
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as that term is defined in section 2510;
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‘‘(C) an information service, as that term
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is defined in section 3 of the Communications
23
Act of 1934 (47 U.S.C. 153); and
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‘‘(D) an interactive computer service, as
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that term is defined in section 230(f) of the
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† S 412 ES
Communications Act of 1934 (47 U.S.C.
1
230(f)).
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‘‘(2) INFORMATION CONTENT PROVIDER.—The
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term ‘information content provider’ has the meaning
4
given that term in section 230(f) of the Communica-
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tions Act of 1934 (47 U.S.C. 230(f)).
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‘‘(3) INTIMATE VISUAL DEPICTION.—The term
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‘intimate visual depiction’ means any visual depic-
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tion (as that term is defined in section 2256(5)) of
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an individual—
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‘‘(A) who has attained 18 years of age at
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the time the intimate visual depiction is cre-
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ated;
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‘‘(B) who is recognizable to a third party
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from the intimate image itself or information or
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text displayed in connection with the intimate
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image itself or information or text displayed in
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connection with the intimate image; and
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‘‘(C)(i) who is depicted engaging in sexu-
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ally explicit conduct; or
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‘‘(ii) whose genitals, anus, pubic area, or
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female nipple are unclothed and visible.
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‘‘(4) MINOR.—The term ‘minor’ has the mean-
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ing given that term in section 2256.
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† S 412 ES
‘‘(5) SEXUALLY EXPLICIT CONDUCT.—The term
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‘sexually explicit conduct’ has the meaning given
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that term in section 2256(2)(A).
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‘‘(6) VISUAL DEPICTION OF A NUDE MINOR.—
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The term ‘visual depiction of a nude minor’ means
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any visual depiction (as that term is defined in sec-
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tion 2256(5)) of an individual who is recognizable by
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an individual other than the depicted individual from
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the intimate image itself or information or text dis-
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played in connection with the intimate image who
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was under 18 years of age at the time the visual de-
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piction was created in which the actual anus, geni-
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tals, or pubic area, or post-pubescent female nipple,
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of the minor are unclothed, visible, and displayed in
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a manner that does not constitute sexually explicit
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conduct.
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‘‘(b) OFFENSES.—
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‘‘(1) IN GENERAL.—Except as provided in sub-
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section (d), it shall be unlawful to knowingly mail,
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or to knowingly distribute using any means or facil-
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ity of interstate or foreign commerce or affecting
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interstate or foreign commerce, an intimate visual
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depiction of an individual—
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‘‘(A) that was obtained or created under
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circumstances in which the actor knew or rea-
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† S 412 ES
sonably should have known the individual de-
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picted had a reasonable expectation of privacy;
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‘‘(B) where what is depicted was not volun-
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tarily exposed by the individual in a public or
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commercial setting;
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‘‘(C) where what is depicted is not a mat-
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ter of public concern; and
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‘‘(D) if the distribution—
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‘‘(i) is intended to cause harm; or
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‘‘(ii) causes harm, including psycho-
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logical, financial, or reputational harm, to
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the individual depicted.
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For purposes of this paragraph, the fact that the
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subject of the depiction consented to the creation of
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the depiction shall not establish that that person
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consented to its distribution.
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‘‘(2) INVOLVING MINORS.—Except as provided
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in subsection (d), it shall be unlawful to knowingly
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mail, or to knowingly distribute using any means or
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facility of interstate or foreign commerce or affect-
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ing interstate or foreign commerce, a visual depic-
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tion of a nude minor with intent to abuse, humiliate,
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harass, or degrade the minor, or to arouse or gratify
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the sexual desire of any person.
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‘‘(c) PENALTY.—
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† S 412 ES
‘‘(1) IN GENERAL.—
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‘‘(A) VISUAL
DEPICTION
OF
A
NUDE
2
MINOR.—Any person who violates subsection
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(b)(2) shall be fined under this title, imprisoned
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not more than 3 years, or both.
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‘‘(B) INTIMATE VISUAL DEPICTION.—Any
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person who violates subsection (b)(1) shall be
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fined under this title, imprisoned for not more
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than 2 years, or both.
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‘‘(2) FORFEITURE.—
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‘‘(A) IN GENERAL.—The court, in impos-
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ing a sentence on any person convicted of a vio-
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lation involving intimate visual depictions or
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visual depictions of a nude minor under this
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section, or convicted of a conspiracy of a viola-
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tion involving intimate visual depictions or vis-
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ual depictions of a nude minor under this sec-
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tion, shall order, in addition to any other sen-
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tence imposed and irrespective of any provision
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of State law, that such person forfeit to the
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United States—
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‘‘(i) any material distributed in viola-
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tion of this section;
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‘‘(ii) such person’s interest in prop-
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erty, real or personal, constituting or de-
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† S 412 ES
rived from any gross proceeds of such vio-
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lation, or any property traceable to such
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property, obtained or retained directly or
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indirectly as a result of such violation; and
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‘‘(iii) any personal property of the
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person used, or intended to be used, in any
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manner or part, to commit or to facilitate
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the commission of such violation.
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‘‘(B) PROCEDURES.—Section 413 of the
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Controlled Substances Act (21 U.S.C. 853),
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with the exception of subsections (a) and (d),
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applies to the criminal forfeiture of property
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pursuant to subparagraph (A).
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‘‘(3) RESTITUTION.—Restitution shall be avail-
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able as provided in section 2264 of this title.
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‘‘(d) EXCEPTIONS.—
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‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING,
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AND OTHER LEGAL PROCEEDINGS.—This section—
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‘‘(A) does not prohibit any lawfully author-
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ized investigative, protective, or intelligence ac-
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tivity of a law enforcement agency of the
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United States, a State, or a political subdivision
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of a State, or of an intelligence agency of the
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United States; and
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† S 412 ES
‘‘(B) shall not apply to distributions that
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are made reasonably and in good faith—
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‘‘(i) to report unlawful or unsolicited
3
activity or in pursuance of a legal or pro-
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fessional or other lawful obligation;
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‘‘(ii) to seek support or help with re-
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spect to the receipt of an unsolicited inti-
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mate visual depiction;
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‘‘(iii) relating to an individual who
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possesses or distributes a visual depiction
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of himself or herself engaged in nudity or
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sexually explicit conduct;
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‘‘(iv) to assist the depicted individual;
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‘‘(v) for legitimate medical, scientific,
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or educational purposes; or
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‘‘(vi) as part of a document produc-
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tion or filing associated with a legal pro-
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ceeding.
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‘‘(2) SERVICE PROVIDERS.—This section shall
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not apply to any provider of a communications serv-
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ice with regard to content provided by another infor-
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mation content provider unless the provider of the
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communications service intentionally solicits, or
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knowingly and predominantly distributes, such con-
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tent.
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† S 412 ES
‘‘(e) THREATS.—Any person who intentionally
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threatens to commit an offense under subsection (b) for
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the purpose of intimidation, coercion, extortion, or to cre-
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ate mental distress shall be punished as provided in sub-
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section (c).
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‘‘(f)
EXTRATERRITORIALITY.—There
is
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extraterritorial Federal jurisdiction over an offense under
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this section if the defendant or the depicted individual is
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a citizen or permanent resident of the United States.
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‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
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tion shall be construed to limit the application of any other
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relevant law, including section 2252 of this title.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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for chapter 88 of title 18, United States Code, is amended
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by inserting after the item relating to section 1801 the
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following:
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‘‘1802. Certain activities relating to intimate visual depictions.’’.
(c) CONFORMING AMENDMENT.—Section 2264(a) of
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title 18, United States Code, is amended by inserting ‘‘,
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or under section 1802 of this title’’ before the period.
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Passed the Senate July 10, 2024.
Attest:
Secretary.
118TH CONGRESS
2D SESSION
S. 412
AN ACT
To provide that it is unlawful to knowingly dis-
tribute private intimate visual depictions with
reckless disregard for the individual’s lack of con-
sent to the distribution, and for other purposes.