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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 412 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stopping Harmful 

3 Image Exploitation and Limiting Distribution Act of 

4 2023’’ or the ‘‘SHIELD Act of 2023’’. 

5 SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS6 UAL DEPICTIONS. 

7 (a) IN GENERAL.—Chapter 88 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 1802. Certain activities relating to intimate visual 

11 depictions 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) COMMUNICATIONS SERVICE.—The term 

14 ‘communications service’ means— 

15 ‘‘(A) a service provided by a person that is 

16 a common carrier, as that term is defined in 

17 section 3 of the Communications Act of 1934 

18 (47 U.S.C. 153), insofar as the person is acting 

19 as a common carrier; 

20 ‘‘(B) an electronic communication service, 

21 as that term is defined in section 2510; 

22 ‘‘(C) an information service, as that term 

23 is defined in section 3 of the Communications 

24 Act of 1934 (47 U.S.C. 153); and 

25 ‘‘(D) an interactive computer service, as 

26 that term is defined in section 230(f) of the 
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†S 412 ES

1 Communications Act of 1934 (47 U.S.C. 

2 230(f)). 

3 ‘‘(2) INFORMATION CONTENT PROVIDER.—The 

4 term ‘information content provider’ has the meaning 

5 given that term in section 230(f) of the Communica6 tions Act of 1934 (47 U.S.C. 230(f)). 

7 ‘‘(3) INTIMATE VISUAL DEPICTION.—The term 

8 ‘intimate visual depiction’ means any visual depic9 tion (as that term is defined in section 2256(5)) of 

10 an individual— 

11 ‘‘(A) who has attained 18 years of age at 

12 the time the intimate visual depiction is cre13 ated; 

14 ‘‘(B) who is recognizable to a third party 

15 from the intimate image itself or information or 

16 text displayed in connection with the intimate 

17 image itself or information or text displayed in 

18 connection with the intimate image; and 

19 ‘‘(C)(i) who is depicted engaging in sexu20 ally explicit conduct; or 

21 ‘‘(ii) whose genitals, anus, pubic area, or 

22 female nipple are unclothed and visible. 

23 ‘‘(4) MINOR.—The term ‘minor’ has the mean24 ing given that term in section 2256. 
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1 ‘‘(5) SEXUALLY EXPLICIT CONDUCT.—The term 

2 ‘sexually explicit conduct’ has the meaning given 

3 that term in section 2256(2)(A). 

4 ‘‘(6) VISUAL DEPICTION OF A NUDE MINOR.— 

5 The term ‘visual depiction of a nude minor’ means 

6 any visual depiction (as that term is defined in sec7 tion 2256(5)) of an individual who is recognizable by 

8 an individual other than the depicted individual from 

9 the intimate image itself or information or text dis10 played in connection with the intimate image who 

11 was under 18 years of age at the time the visual de12 piction was created in which the actual anus, geni13 tals, or pubic area, or post-pubescent female nipple, 

14 of the minor are unclothed, visible, and displayed in 

15 a manner that does not constitute sexually explicit 

16 conduct. 

17 ‘‘(b) OFFENSES.— 

18 ‘‘(1) IN GENERAL.—Except as provided in sub19 section (d), it shall be unlawful to knowingly mail, 

20 or to knowingly distribute using any means or facil21 ity of interstate or foreign commerce or affecting 

22 interstate or foreign commerce, an intimate visual 

23 depiction of an individual— 

24 ‘‘(A) that was obtained or created under 

25 circumstances in which the actor knew or rea-
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1 sonably should have known the individual de2 picted had a reasonable expectation of privacy; 

3 ‘‘(B) where what is depicted was not volun4 tarily exposed by the individual in a public or 

5 commercial setting; 

6 ‘‘(C) where what is depicted is not a mat7 ter of public concern; and 

8 ‘‘(D) if the distribution— 

9 ‘‘(i) is intended to cause harm; or 

10 ‘‘(ii) causes harm, including psycho11 logical, financial, or reputational harm, to 

12 the individual depicted. 

13 For purposes of this paragraph, the fact that the 

14 subject of the depiction consented to the creation of 

15 the depiction shall not establish that that person 

16 consented to its distribution. 

17 ‘‘(2) INVOLVING MINORS.—Except as provided 

18 in subsection (d), it shall be unlawful to knowingly 

19 mail, or to knowingly distribute using any means or 

20 facility of interstate or foreign commerce or affect21 ing interstate or foreign commerce, a visual depic22 tion of a nude minor with intent to abuse, humiliate, 

23 harass, or degrade the minor, or to arouse or gratify 

24 the sexual desire of any person. 

25 ‘‘(c) PENALTY.— 
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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) VISUAL DEPICTION OF A NUDE

3 MINOR.—Any person who violates subsection 

4 (b)(2) shall be fined under this title, imprisoned 

5 not more than 3 years, or both. 

6 ‘‘(B) INTIMATE VISUAL DEPICTION.—Any 

7 person who violates subsection (b)(1) shall be 

8 fined under this title, imprisoned for not more 

9 than 2 years, or both. 

10 ‘‘(2) FORFEITURE.— 

11 ‘‘(A) IN GENERAL.—The court, in impos12 ing a sentence on any person convicted of a vio13 lation involving intimate visual depictions or 

14 visual depictions of a nude minor under this 

15 section, or convicted of a conspiracy of a viola16 tion involving intimate visual depictions or vis17 ual depictions of a nude minor under this sec18 tion, shall order, in addition to any other sen19 tence imposed and irrespective of any provision 

20 of State law, that such person forfeit to the 

21 United States— 

22 ‘‘(i) any material distributed in viola23 tion of this section; 

24 ‘‘(ii) such person’s interest in prop25 erty, real or personal, constituting or de-
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1 rived from any gross proceeds of such vio2 lation, or any property traceable to such 

3 property, obtained or retained directly or 

4 indirectly as a result of such violation; and 

5 ‘‘(iii) any personal property of the 

6 person used, or intended to be used, in any 

7 manner or part, to commit or to facilitate 

8 the commission of such violation. 

9 ‘‘(B) PROCEDURES.—Section 413 of the 

10 Controlled Substances Act (21 U.S.C. 853), 

11 with the exception of subsections (a) and (d), 

12 applies to the criminal forfeiture of property 

13 pursuant to subparagraph (A). 

14 ‘‘(3) RESTITUTION.—Restitution shall be avail15 able as provided in section 2264 of this title. 

16 ‘‘(d) EXCEPTIONS.— 

17 ‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, 

18 AND OTHER LEGAL PROCEEDINGS.—This section— 

19 ‘‘(A) does not prohibit any lawfully author20 ized investigative, protective, or intelligence ac21 tivity of a law enforcement agency of the 

22 United States, a State, or a political subdivision 

23 of a State, or of an intelligence agency of the 

24 United States; and 
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1 ‘‘(B) shall not apply to distributions that 

2 are made reasonably and in good faith— 

3 ‘‘(i) to report unlawful or unsolicited 

4 activity or in pursuance of a legal or pro5 fessional or other lawful obligation; 

6 ‘‘(ii) to seek support or help with re7 spect to the receipt of an unsolicited inti8 mate visual depiction; 

9 ‘‘(iii) relating to an individual who 

10 possesses or distributes a visual depiction 

11 of himself or herself engaged in nudity or 

12 sexually explicit conduct; 

13 ‘‘(iv) to assist the depicted individual; 

14 ‘‘(v) for legitimate medical, scientific, 

15 or educational purposes; or 

16 ‘‘(vi) as part of a document produc17 tion or filing associated with a legal pro18 ceeding. 

19 ‘‘(2) SERVICE PROVIDERS.—This section shall 

20 not apply to any provider of a communications serv21 ice with regard to content provided by another infor22 mation content provider unless the provider of the 

23 communications service intentionally solicits, or 

24 knowingly and predominantly distributes, such con25 tent. 
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1 ‘‘(e) THREATS.—Any person who intentionally 

2 threatens to commit an offense under subsection (b) for 

3 the purpose of intimidation, coercion, extortion, or to cre4 ate mental distress shall be punished as provided in sub5 section (c). 

6 ‘‘(f) EXTRATERRITORIALITY.—There is 

7 extraterritorial Federal jurisdiction over an offense under 

8 this section if the defendant or the depicted individual is 

9 a citizen or permanent resident of the United States. 

10 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to limit the application of any other 

12 relevant law, including section 2252 of this title.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 88 of title 18, United States Code, is amended 

15 by inserting after the item relating to section 1801 the 

16 following: 

‘‘1802. Certain activities relating to intimate visual depictions.’’. 

17 (c) CONFORMING AMENDMENT.—Section 2264(a) of 

18 title 18, United States Code, is amended by inserting ‘‘, 

19 or under section 1802 of this title’’ before the period. 

Passed the Senate July 10, 2024. 

Attest: 

Secretary. 
118TH CONGRESS 

2D SESSION S. 412 

AN ACT 

To provide that it is unlawful to knowingly dissent to the distribution, and for other purposes. reckless disregard for the individual’s lack of con- tribute private intimate visual depictions with