S. 516

119 S516 IS: Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025
 U.S. Senate
 2025-02-11
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 516  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.
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  .
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:
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.