I 
118TH CONGRESS 
1ST SESSION H. R. 3686 
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 
MAY 25, 2023 
Ms. DEAN of Pennsylvania (for herself, Ms. PLASKETT, Mr. FITZPATRICK, 
and Ms. MACE) introduced the following bill; which was 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 Representa-
tives 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’’. 
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SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS-
UAL DEPICTIONS. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 
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given that term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
‘‘(3) INTIMATE VISUAL DEPICTION.—The term 
‘intimate visual depiction’ means any visual depic-
tion (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 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 sec-
tion 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 dis-
played in connection with the intimate image who 
was under 18 years of age at the time the visual de-
piction was created in which the actual anus, geni-
tals, or pubic area, or post-pubescent female nipple, 
of the minor are unclothed, visible, and displayed in 
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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) OFFENSES.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (d), it shall be unlawful to knowingly mail, 
or to knowingly distribute using any means or facil-
ity of interstate or foreign commerce or affecting 
interstate or foreign commerce, an intimate visual 
depiction of an individual— 
‘‘(A) with knowledge of the lack of consent 
of the individual to the distribution; 
‘‘(B) where what is depicted was not volun-
tarily exposed by the individual in a public or 
commercial setting; and 
‘‘(C) where what is depicted is not a mat-
ter 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 sub-
section (d), it shall be unlawful to knowingly mail, 
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or to knowingly distribute using any means or facil-
ity of interstate or foreign commerce or affecting 
interstate or foreign commerce, a visual depiction of 
a nude minor with intent to abuse, humiliate, har-
ass, 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 impos-
ing a sentence on any person convicted of a vio-
lation involving intimate visual depictions or 
visual depictions of a nude minor under this 
section, or convicted of a conspiracy of a viola-
tion involving intimate visual depictions or vis-
ual depictions of a nude minor under this sec-
tion, shall order, in addition to any other sen-
tence imposed and irrespective of any provision 
of State law, that such person forfeit to the 
United States— 
‘‘(i) any material distributed in viola-
tion of this section; 
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‘‘(ii) such person’s interest in prop-
erty, real or personal, constituting or de-
rived from any gross proceeds of such vio-
lation, 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 of-
fense. 
‘‘(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 avail-
able as provided in section 2264 of this title. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, 
AND OTHER LEGAL PROCEEDINGS.—This section— 
‘‘(A) does not prohibit any lawfully author-
ized investigative, protective, or intelligence ac-
tivity of a law enforcement agency of the 
United States, a State, or a political subdivision 
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of a State, or of an intelligence agency of the 
United States; 
‘‘(B) shall not apply in the case of an indi-
vidual acting in good faith to report unlawful or 
unsolicited activity or in pursuance of a legal or 
professional or other lawful obligation; and 
‘‘(C) shall not apply in the case of a docu-
ment production or filing associated with a legal 
proceeding. 
‘‘(2) SERVICE PROVIDERS.—This section shall 
not apply to any provider of a communications serv-
ice with regard to content provided by another infor-
mation content provider unless the provider of the 
communications service intentionally solicits, or 
knowingly and predominantly distributes, such con-
tent. 
‘‘(e) THREATS.—Any person who threatens to com-
mit 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. 
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‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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.’’. 
(c) CONFORMING AMENDMENT.—Section 2264(a) of 
title 18, United States Code, is amended by inserting ‘‘, 
or under section 1802 of this title’’ before the period. 
Æ 
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