SHIELD Act of 2023

This bill, titled the "Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025" or the "SHIELD Act of 2023," creates new federal offenses related to the non-consensual distribution of intimate visual depictions. It makes it unlawful to knowingly distribute an intimate visual depiction of an adult if it was obtained with a reasonable expectation of privacy, was not voluntarily exposed in public, is not a matter of public concern, and is intended to cause or causes harm. Crucially, consent to the creation of such a depiction does not imply consent to its distribution. The legislation also prohibits the knowing distribution of a visual depiction of a nude minor with the intent to abuse, humiliate, harass, degrade, or sexually gratify. Violations involving adult intimate depictions carry penalties of up to two years imprisonment, while those involving nude minors can result in up to three years. The bill includes provisions for forfeiture of materials and property derived from such violations, as well as restitution for victims. Exceptions are made for legitimate law enforcement activities, good faith reporting, assisting the depicted individual, medical, scientific, or educational purposes, and legal proceedings. Threats to commit these offenses are also punishable, and the law includes extraterritorial jurisdiction if the defendant or depicted individual is a U.S. citizen or permanent resident.