I 

117TH CONGRESS 

2D SESSION H. R. 6998 

To amend title 18, United States Code, 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2022 

Ms. SPEIER (for herself, Mr. KATKO, Mr. ALLRED, Mrs. AXNE, Mr. BLUMENAUER, Ms. BROWNLEY, Mr. CARSON, Mr. CASTEN, Ms. CASTOR of 

Florida, Mr. COHEN, Mr. COSTA, Ms. DEAN, Ms. DELBENE, Ms. ESHOO, 

Mr. FITZPATRICK, Ms. LOIS FRANKEL of Florida, Mr. GARCI ́A of Illinois, 

Ms. HOULAHAN, Mr. KEATING, Mr. KILMER, Ms. KUSTER, Mrs. LAWRENCE, Mr. MALINOWSKI, Mr. MEEKS, Ms. MOORE of Wisconsin, Ms. 

NORTON, Ms. OMAR, Ms. PINGREE, Ms. PLASKETT, Ms. PORTER, Mr. 

PRICE of North Carolina, Mr. RASKIN, Mr. THOMPSON of California, Mr. 

TONKO, Mrs. CAROLYN B. MALONEY of New York, Mr. LOWENTHAL, 

Mrs. DINGELL, Ms. STEVENS, Ms. LEE of California, Mr. COOPER, Ms. 

MENG, Mr. LYNCH, Ms. SCANLON, Mr. JONES, Mr. DEFAZIO, Mrs. WATSON COLEMAN, Mr. SCHIFF, Mr. GIMENEZ, Mr. CARTER of Texas, Mr. 

AGUILAR, Mr. PANETTA, Mrs. MURPHY of Florida, Mrs. CHERFILUSMCCORMICK, Mr. MOULTON, Ms. MCCOLLUM, Mr. O’HALLERAN, Mr. 

CLEAVER, Ms. PRESSLEY, Mr. FOSTER, Mr. DANNY K. DAVIS of Illinois, 

Mr. GOTTHEIMER, Ms. GARCIA of Texas, Mr. SWALWELL, Ms. ESCOBAR, 

Mrs. BUSTOS, Mr. SOTO, and Ms. BARRAGA ́N) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide that 

it is unlawful to knowingly distribute private intimate 

visual depictions with reckless disregard for the individVerDate Sep 11 2014 18:10 Mar 10, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6998.IH H6998

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ual’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, 

3 SECTION 1. SHORT TITLE. 

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

5 Image Exploitation and Limiting Distribution Act of 

6 2022’’ or the ‘‘SHIELD Act of 2022’’. 

7 SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS8 UAL DEPICTIONS. 

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

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 1802. Certain activities relating to intimate visual 

13 depictions 

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

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

16 ‘communications service’ means— 

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

18 a common carrier, as that term is defined in 

19 section 3 of the Communications Act of 1934 

20 (47 U.S.C. 153), insofar as the person is acting 

21 as a common carrier; 

22 ‘‘(B) an electronic communication service, 

23 as that term is defined in section 2510; 


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

2 is defined in section 3 of the Communications 

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

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

5 that term is defined in section 230(f) of the 

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

7 230(f)). 

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

9 term ‘information content provider’ has the meaning 

10 given that term in section 230(f) of the Communica11 tions Act of 1934 (47 U.S.C. 230(f)). 

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

13 ‘intimate visual depiction’ means any visual depic14 tion (as that term is defined in section 2256(5))— 

15 ‘‘(A) of an individual who is reasonably 

16 identifiable from the visual depiction itself or 

17 information displayed in connection with the 

18 visual depiction; 

19 ‘‘(B) in which— 

20 ‘‘(i) the individual has obtained 18 

21 years of age and is engaging in sexually 

22 explicit conduct; or 

23 ‘‘(ii) the naked genitals, anus, pubic 

24 area or post-pubescent female nipple of the 

25 individual are visible; 


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1 ‘‘(C) in which the content described in sub2 paragraph (B) is not simulated; and 

3 ‘‘(D) in original or modified format. 

4 ‘‘(4) SEXUALLY EXPLICIT CONDUCT.—The term 

5 ‘sexually explicit conduct’ has the meaning given 

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

7 ‘‘(b) OFFENSE.—Except as provided in subsection 

8 (d), it shall be unlawful to knowingly use any means or 

9 facility of interstate or foreign commerce to distribute an 

10 intimate visual depiction of an individual— 

11 ‘‘(1) with knowledge of or reckless disregard 

12 for— 

13 ‘‘(A) the lack of consent of the individual 

14 to the distribution; and 

15 ‘‘(B) the reasonable expectation of the in16 dividual that the depiction would remain pri17 vate; and 

18 ‘‘(2) without an objectively reasonable belief 

19 that such distribution touches upon a matter of pub20 lic concern. 

21 ‘‘(c) PENALTY.—Any person who violates subsection 

22 (b) shall be fined under this title, imprisoned not more 

23 than 2 years, for each individual victim depicted, or both. 

24 ‘‘(d) EXCEPTIONS.— 


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

2 AND OTHER LEGAL PROCEEDINGS.—This section— 

3 ‘‘(A) does not prohibit any lawful law en4 forcement, correctional, or intelligence activity; 

5 ‘‘(B) shall not apply in the case of an indi6 vidual acting in good faith to report unlawful 

7 activity or in pursuance of a legal or profes8 sional or other lawful obligation; and 

9 ‘‘(C) shall not apply in the case of a docu10 ment production or filing associated with a legal 

11 proceeding. 

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

13 not apply to any provider of a communications serv14 ice with regard to content provided by another infor15 mation content provider unless the provider of the 

16 communications service intentionally solicits, or 

17 knowingly and predominantly distributes, content 

18 that the provider of the communications service ac19 tually knows is in violation of this section. 

20 ‘‘(e) THREATS.—Any person who intentionally 

21 threatens to commit an offense under subsection (b) shall 

22 be punished as provided in subsection (c). 

23 ‘‘(f) VENUE AND EXTRATERRITORIALITY.—A pros24 ecution under this section may be brought in a district 

25 where the defendant or the depicted individual resides or 


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1 in a district where the intimate visual depictions are dis2 tributed. There is extraterritorial Federal jurisdiction over 

3 an offense under this section if the defendant or the de4 picted individual is a citizen or permanent resident of the 

5 United States.’’. 

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

7 of chapter 88 of title 18, United States Code, is amended 

8 by inserting after the item relating to section 1801 the 

9 following: 

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

Æ 


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