SHIELD Act of 2022
Bill: S.3777 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Crime and Law Enforcement

Summary:
Stopping Harmful Image Exploitation and Limiting Distribution Act of 2022 or the SHIELD Act of 2022
This bill establishes a new criminal offense related to the distribution of intimate visual depictions.
Specifically, it makes it a crime to knowingly distribute (or intentionally threaten to distribute) an intimate visual depiction of an individual (1) with knowledge of or reckless disregard for the individual's lack of consent and reasonable expectation of privacy, and (2) without a reasonable belief that distributing the depiction touches a matter of public concern.
A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

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.

    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 2022'' or the ``SHIELD Act of 2022''.

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))--
                    ``(A) of an individual who is reasonably 
                identifiable from the visual depiction itself or 
                information displayed in connection with the visual 
                depiction;
                    ``(B) in which--
                            ``(i) the individual has obtained 18 years 
                        of age and is engaging in sexually explicit 
                        conduct; or
                            ``(ii) the naked genitals, anus, pubic 
                        area, or post-pubescent female nipple of the 
                        individual are visible;
                    ``(C) in which the content described in 
                subparagraph (B) is not simulated; and
                    ``(D) in original or modified format.
            ``(4) Sexually explicit conduct.--The term `sexually 
        explicit conduct' has the meaning given that term in section 
        2256(2)(A).
    ``(b) Offense.--Except as provided in subsection (d), it shall be 
unlawful to knowingly use any means or facility of interstate or 
foreign commerce to distribute an intimate visual depiction of an 
individual--
            ``(1) with knowledge of or reckless disregard for--
                    ``(A) the lack of consent of the individual to the 
                distribution; and
                    ``(B) the reasonable expectation of the individual 
                that the depiction would remain private; and
            ``(2) without an objectively reasonable belief that such 
        distribution touches upon a matter of public concern.
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(d) Exceptions.--
            ``(1) Law enforcement, lawful reporting, and other legal 
        proceedings.--This section--
                    ``(A) does not prohibit any lawful law enforcement, 
                correctional, or intelligence activity;
                    ``(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, content that the 
        provider of the communications service actually knows is in 
        violation of this section.
    ``(e) Threats.--Any person who intentionally threatens to commit an 
offense under subsection (b) shall be punished as provided in 
subsection (c).
    ``(f) Venue and Extraterritoriality.--A prosecution under this 
section may be brought in a district where the defendant or the 
depicted individual resides or in a district where the intimate visual 
depictions are distributed or made available. 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.''.
    (b) Clerical Amendment.--The table of sections of 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.''.
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