[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 516 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 516
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 11, 2025
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 2025'' 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--
``(A) who has attained 18 years of age at the time
the intimate visual depiction is created;
``(B) who is recognizable to a third party 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; and
``(C)(i) who is depicted engaging in sexually
explicit conduct; or
``(ii) whose genitals, anus, pubic area, or female
nipple are unclothed and visible.
``(4) Minor.--The term `minor' has the meaning given that
term in section 2256.
``(5) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in section
2256(2)(A).
``(6) 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.
``(b) Offenses.--
``(1) In general.--Except as provided in subsection (d), it
shall be unlawful to knowingly mail, or to knowingly 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) that was obtained or created under
circumstances in which the actor knew or reasonably
should have known the individual depicted had a
reasonable expectation of privacy;
``(B) where what is depicted was not voluntarily
exposed by the individual in a public or commercial
setting;
``(C) where what is depicted is not a matter of
public concern; and
``(D) if the distribution--
``(i) is intended to cause harm; or
``(ii) causes harm, including
psychological, financial, or reputational harm,
to the individual depicted.
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) Involving minors.--Except as provided in subsection
(d), it shall be unlawful to knowingly mail, or to knowingly
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.--
``(A) Visual depiction of a nude minor.--Any person
who violates subsection (b)(2) shall be fined under
this title, imprisoned not more than 3 years, or both.
``(B) Intimate visual depiction.--Any person who
violates subsection (b)(1) shall be fined under this
title, imprisoned for not more than 2 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 personal property of the person
used, or intended to be used, in any manner or
part, to commit or to facilitate the commission
of such violation.
``(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 this title.
``(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; and
``(B) shall not apply to distributions that are
made reasonably and in good faith--
``(i) to report unlawful or unsolicited
activity or in pursuance of a legal or
professional or other lawful obligation;
``(ii) to seek support or help with respect
to the receipt of an unsolicited intimate
visual depiction;
``(iii) relating to an individual who
possesses or distributes a visual depiction of
himself or herself engaged in nudity or
sexually explicit conduct;
``(iv) to assist the depicted individual;
``(v) for legitimate medical, scientific,
or educational purposes; or
``(vi) as part 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 intentionally threatens to commit an
offense under subsection (b) for the purpose of intimidation, coercion,
extortion, or to create mental distress 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) 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.''.
(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.
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