SHIELD Act of 2023

Bill: 118-s-412
Sponsor: Sen. Klobuchar, Amy [D-MN]
Introduced: 2023-02-14 in the Senate
Policy area: Crime and Law Enforcement
Subjects: 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

Summary:
action_date: 2023-02-14
text: 

Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023 or the SHIELD Act of 

2023

 
This bill establishes a new criminal offense related to the distribution of intimate visual depictions.
 
Specifically, the bill makes it a crime to knowingly mail or distribute (or attempt or threaten to distribute) 
 
 
an intimate visual depiction of an individual with knowledge of or reckless disregard for the individual's lack of consent, where what is depicted was not voluntarily exposed by the individual in a public or commercial setting, and where what is depicted is not a matter of public concern; or
 
a visual depiction of a nude minor with the intent to abuse, humiliate, harass, or degrade the minor or to arouse or gratify the sexual desire of any person.
 
 
A violator is subject to criminal penalties&#8212;a fine, a prison term of up to five years, or both&#8212;and mandatory restitution. Violators must also forfeit any material involved in the offense, property constituting or derived from the proceeds from the offense, and property used to commit or facilitate the offense.

action_date: 2023-05-17
text: 

Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023 or the SHIELD Act of 

2023

 
This bill establishes a new criminal offense related to the distribution of intimate visual depictions.
 
Specifically, the bill makes it a crime to knowingly mail or distribute (or attempt or threaten to distribute) 
 
 
an intimate visual depiction of an individual with knowledge of the individual's lack of consent, where what is depicted was not voluntarily exposed by the individual in a public or commercial setting, and where what is depicted is not a matter of public concern; or
 
a visual depiction of a nude minor with the intent to abuse, humiliate, harass, or degrade the minor or to arouse or gratify the sexual desire of any person.
 
 
A violator is subject to criminal penalties&#8212;a fine, a prison term of up to five years, or both&#8212;and mandatory restitution. Violators must also forfeit any material involved in the offense, property constituting or derived from the proceeds from the offense, and property used to commit or facilitate the offense.


Legislative actions:
action_date: 2024-07-15
text: Held at the desk.
action_date: 2024-07-15
text: Received in the House.
action_date: 2024-07-12
text: Message on Senate action sent to the House.
action_date: 2024-07-10
text: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4339-4340 )
action_date: 2024-07-10
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4339-4340 )
action_date: 2024-07-10
text: The committee substitute withdrawn by Unanimous Consent.
action_date: 2024-07-10
text: Measure laid before Senate by unanimous consent. (consideration: CR S4338-4340 )
action_date: 2023-05-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 78.
action_date: 2023-05-17
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2023-05-17
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2023-05-11
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2023-02-14
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2023-02-14
text: Introduced in Senate