United States 118th Congress Status: Passed Senate 1 D cosponsors

S 412 — SHIELD Act of 2023

Last action — Held at the desk.

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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—a fine, a prison term of up to five years, or both—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.

Bill Text

What changed in the latest version

72 added · 209 removed

Plain-language change summary

The amended version of the bill adds specific criteria for defining an "individual" in relation to intimate visual depictions. It specifies that an individual must be at least 18 years old when the depiction is created, must be recognizable from the image or accompanying information, and must be depicted engaging in sexually explicit conduct or in a state of nudity. These changes clarify the definitions of individuals involved in such depictions, potentially affecting how related cases are handled.

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412 Reported in Senate (RS)] <DOC> Calendar No.
412 Engrossed in Senate (ES)] <DOC> 118th CONGRESS 2d Session S.
78 118th CONGRESS 1st Session S.
412 _______________________________________________________________________ AN ACT 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.
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms.
Klobuchar (for herself, Mr.
Cornyn, Mr.
Lee, Mr.
Blumenthal, Mr.
Graham, Mr.
Cruz, and Mr.
Durbin) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary May 17, 2023 Reported by Mr.
Durbin, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023'' or the ``SHIELD Act of 2023''.</DELETED> <DELETED>SEC.
2.
CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.</DELETED> <DELETED> (a) In General.--Chapter 88 of title 18, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec.
1802.
Certain activities relating to intimate visual depictions</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Communications service.--The term `communications service' means--</DELETED> <DELETED> ``(A) a service provided by a person that is a common carrier, as that term is defined in section of the Communications Act of 1934 (47 U.S.C.
153), insofar as the person is acting as a common carrier;</DELETED> <DELETED> ``(B) an electronic communication service, as that term is defined in section 2510;</DELETED> <DELETED> ``(C) an information service, as that term is defined in section 3 of the Communications Act of (47 U.S.C.
153);
and</DELETED> <DELETED> ``(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)).</DELETED> <DELETED> ``(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)).</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(A) who is depicted engaging in sexually explicit conduct;
or</DELETED> <DELETED> ``(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(5) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given that term in section 2256(2)(A).</DELETED> <DELETED> ``(b) Offense.--</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution;</DELETED> <DELETED> ``(B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting;
and</DELETED> <DELETED> ``(C) where what is depicted is not a matter of public concern.</DELETED> <DELETED>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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(c) Penalty.--</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(2) Forfeiture.--</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(i) any material distributed in violation of this section;</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense.</DELETED> <DELETED> ``(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).</DELETED> <DELETED> ``(3) Restitution.--Restitution shall be available as provided in section 2264 of title 18, United States Code.</DELETED> <DELETED> ``(d) Exceptions.--</DELETED> <DELETED> ``(1) Law enforcement, lawful reporting, and other legal proceedings.--This section--</DELETED> <DELETED> ``(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;</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(C) shall not apply in the case of a document production or filing associated with a legal proceeding.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(e) Threats.--Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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:</DELETED> <DELETED> ``(1) Any material distributed in violation of this chapter.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED> (b) Clerical Amendment.--The table of sections for chapter of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following:</DELETED> <DELETED>``1802.
Certain activities relating to intimate visual depictions.''.
SECTION 1.
``(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 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;
``(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;
or ``(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible.
``(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;
``(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.
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.
``(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) with knowledge of the lack of consent of the individual to the distribution;
``(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;
and ``(C) where what is depicted is not a matter of public concern.
``(C) where what is depicted is not a matter of public concern;
and ``(D) if the distribution-- ``(i) is intended to cause harm;
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or ``(ii) causes harm, including psychological, financial, or reputational harm, to the individual depicted.
``(2) 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.
``(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.--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.
``(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.
and ``(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense.
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) shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation;
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;
and ``(C) shall not apply in the case of a document production or filing associated with a legal proceeding.
``(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.
``(e) Threats.--Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).
``(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).
Calendar No.
Passed the Senate July 10, 2024.
78 118th CONGRESS 1st Session S.
Attest:
412 _______________________________________________________________________ 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.
Secretary.
_______________________________________________________________________ May 17, 2023 Reported with an amendment
118th CONGRESS 2d Session S.
412 _______________________________________________________________________ AN ACT 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.
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces a new offense related to the distribution of intimate visual depictions and incorporates various definitions and penalties for such actions into existing law.

  • 18 U.S.C. § 853

    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.

    The bill allows for the forfeiture of property in cases involving the unlawful distribution of intimate visual depictions.

  • Sec. 1802. Certain activities relating to intimate visual depictions.

    The bill creates new statutory provisions specifically addressing crimes related to intimate visual depictions, establishing definitions and penalties.

  • 18 U.S.C. § 2264(a)

    , or under section 1802 of this title

    The bill expands the applicability of restitution provisions to incorporate offenses under the newly created section 1802.

Action History

  1. Received in the House.

  2. Held at the desk.

  3. Message on Senate action sent to the House.

  4. Measure laid before Senate by unanimous consent. (consideration: CR S4338-4340 )

  5. The committee substitute withdrawn by Unanimous Consent.

  6. 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 )

  7. Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S4339-4340 )

  8. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  9. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  10. Placed on Senate Legislative Calendar under General Orders. Calendar No. 78.

  11. Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

  12. Introduced in Senate

  13. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

What does S 412 do?
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—a fine, a prison term of up to five years, or both—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.
Who sponsors S 412?
S 412 is sponsored by Klobuchar, Amy (Democratic).
What is the current status of S 412?
This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 412?
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