SHIELD Act of 2023

Subjects: Crime and Law Enforcement, Civil actions and liability, Crimes against children, Criminal procedure and sentencing, Domestic violence and child abuse, Internet, web applications, social media, Pornography, Sex offenses, Telephone and wireless communication


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 412 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 412

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 SENATE OF THE UNITED STATES

                           February 14, 2023

  Ms. Klobuchar (for herself and Mr. Cornyn) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Harmful Image Exploitation 
and Limiting Distribution Act of 2023'' or the ``SHIELD Act of 2023''.

SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.

    (a) In General.--Chapter 88 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1802. Certain activities relating to intimate visual depictions
    ``(a) Definitions.--In this section:
            ``(1) Communications service.--The term `communications 
        service' means--
                    ``(A) a service provided by a person that is a 
                common carrier, as that term is defined in section 3 of 
                the Communications Act of 1934 (47 U.S.C. 153), insofar 
                as the person is acting as a common carrier;
                    ``(B) an electronic communication service, as that 
                term is defined in section 2510;
                    ``(C) an information service, as that term is 
                defined in section 3 of the Communications Act of 1934 
                (47 U.S.C. 153); and
                    ``(D) an interactive computer service, as that term 
                is defined in section 230(f) of the Communications Act 
                of 1934 (47 U.S.C. 230(f)).
            ``(2) Information content provider.--The term `information 
        content provider' has the meaning given that 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 (as that term is defined 
        in section 2256(5)) of an individual who is recognizable by an 
        individual other than the depicted individual from the intimate 
        image itself or information or text displayed in connection 
        with the intimate image itself or information or text displayed 
        in connection with the intimate image who has attained 18 years 
        of age at the time the intimate visual depiction is created 
        and--
                    ``(A) who is depicted engaging in sexually explicit 
                conduct; or
                    ``(B) whose genitals, anus, pubic area, or female 
                nipple are unclothed and visible.
            ``(4) Visual depiction of a nude minor.--The term `visual 
        depiction of a nude minor' means any visual depiction (as that 
        term is defined in section 2256(5)) of an individual who is 
        recognizable by an individual other than the depicted 
        individual from the intimate image itself or information or 
        text displayed in connection with the intimate image who was 
        under 18 years of age at the time the visual depiction was 
        created in which the actual anus, genitals, or pubic area, or 
        post-pubescent female nipple, of the minor are unclothed, 
        visible, and displayed in a manner that does not constitute 
        sexually explicit conduct.
            ``(5) Sexually explicit conduct.--The term `sexually 
        explicit conduct' has the meaning given that term in section 
        2256(2)(A).
    ``(b) Offense.--
            ``(1) In general.--Except as provided in subsection (d), it 
        shall be unlawful to knowingly mail, or to distribute using any 
        means or facility of interstate or foreign commerce or 
        affecting interstate or foreign commerce, an intimate visual 
        depiction of an individual--
                    ``(A) with knowledge of or reckless disregard for 
                the lack of consent of the individual to the 
                distribution;
                    ``(B) where what is depicted was not voluntarily 
                exposed by the individual in a public or commercial 
                setting; and
                    ``(C) where what is depicted is not a matter of 
                public concern.
        For purposes of this paragraph, the fact that the subject of 
        the depiction consented to the creation of the depiction shall 
        not establish that that person consented to its distribution.
            ``(2) Minors.--Except as provided in subsection (d), it 
        shall be unlawful to knowingly mail, or to distribute using any 
        means or facility of interstate or foreign commerce or 
        affecting interstate or foreign commerce, a visual depiction of 
        a nude minor with intent to abuse, humiliate, harass, or 
        degrade the minor, or to arouse or gratify the sexual desire of 
        any person.
    ``(c) Penalty.--
            ``(1) In general.--Any person who violates subsection (b), 
        or attempts or conspires to do so, shall be fined under this 
        title, imprisoned not more than 5 years, or both.
            ``(2) Forfeiture.--
                    ``(A) In general.--The court, in imposing a 
                sentence on any person convicted of a violation 
                involving intimate visual depictions or visual 
                depictions of a nude minor under this section, or 
                convicted of a conspiracy of a violation involving 
                intimate visual depictions or visual depictions of a 
                nude minor under this section, shall order, in addition 
                to any other sentence imposed and irrespective of any 
                provision of State law, that such person forfeit to the 
                United States--
                            ``(i) any material distributed in violation 
                        of this section;
                            ``(ii) such person's interest in property, 
                        real or personal, constituting or derived from 
                        any gross proceeds of such violation, or any 
                        property traceable to such property, obtained 
                        or retained directly or indirectly as a result 
                        of such violation; and
                            ``(iii) any property, real or personal, 
                        used or intended to be used to commit or to 
                        facilitate the commission of such offense.
                    ``(B) Procedures.--Section 413 of the Controlled 
                Substances Act (21 U.S.C. 853), with the exception of 
                subsections (a) and (d), applies to the criminal 
                forfeiture of property pursuant to subparagraph (A).
            ``(3) Restitution.--Restitution shall be available as 
        provided in section 2264 of title 18, United States Code.
    ``(d) Exceptions.--
            ``(1) Law enforcement, lawful reporting, and other legal 
        proceedings.--This section--
                    ``(A) does not prohibit any lawfully authorized 
                investigative, protective, or intelligence activity of 
                a law enforcement agency of the United States, a State, 
                or a political subdivision of a State, or of an 
                intelligence agency of the United States;
                    ``(B) shall not apply in the case of an individual 
                acting in good faith to report unlawful activity or in 
                pursuance of a legal or professional or other lawful 
                obligation; and
                    ``(C) shall not apply in the case of a document 
                production or filing associated with a legal 
                proceeding.
            ``(2) Service providers.--This section shall not apply to 
        any provider of a communications service with regard to content 
        provided by another information content provider unless the 
        provider of the communications service intentionally solicits, 
        or knowingly and predominantly distributes, such content.
    ``(e) Threats.--Any person who threatens to commit an offense under 
subsection (b) shall be punished as provided in subsection (c).
    ``(f) Extraterritoriality.--There is extraterritorial Federal 
jurisdiction over an offense under this section if the defendant or the 
depicted individual is a citizen or permanent resident of the United 
States.
    ``(g) Civil Forfeiture.--The following shall be subject to 
forfeiture to the United States in accordance with provisions of 
chapter 46 and no property right shall exist in them:
            ``(1) Any material distributed in violation of this 
        chapter.
            ``(2) Any property, real or personal, that was used, in any 
        manner, to commit or to facilitate the commission of a 
        violation involving intimate visual depictions or visual 
        depictions of a nude minor under this section or a conspiracy 
        of a violation involving intimate visual depictions or visual 
        depictions of a nude minor under this section.
            ``(3) Any property, real or personal, constituting, or 
        traceable to the gross proceeds obtained or retained in 
        connection with or as a result of a violation involving 
        intimate visual depictions or visual depictions of a nude minor 
        under this section, a conspiracy of a violation involving 
        intimate visual depictions or visual depictions of a nude minor 
        under this section.
    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to limit the application of any other relevant law, including 
section 2252 of this title.''.
    (b) Clerical Amendment.--The table of sections for chapter 88 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1801 the following:

``1802. Certain activities relating to intimate visual depictions.''.
                                 &lt;all&gt;
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