SHIELD Act of 2023
Sponsored By: Senator Amy Klobuchar
Introduced
Summary
Criminalizing nonconsensual sharing of intimate images. This bill would make it a federal crime to mail or distribute intimate photos of a recognizable adult without consent when intended to harm or that cause harm, and it would separately criminalize mailing nude images of minors with intent to abuse or to arouse sexual desire.
Show full summary
- Adults and families: Adults whose private intimate images are shared without consent could pursue criminal remedies against distributors. Offenders face fines, mandatory restitution, and up to 2 years in prison.
- Minors and child safety: Sending a nude image of someone under 18 with intent to humiliate, harass, abuse, or arouse is a distinct offense. Penalties include fines, mandatory restitution, and up to 3 years in prison.
- Platforms, reporters, and law enforcement: The bill defines terms like "communications service" and narrows broad platform shields for providers that solicit or predominantly distribute content. It preserves exceptions for law enforcement, lawful reporting, and legal proceedings and allows federal jurisdiction when a U.S. citizen or permanent resident is involved.
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Federal crime for harmful image sharing
If enacted, the bill would make certain harmful image sharing a federal crime. Knowingly sharing an adult's intimate image to harm them could bring up to 2 years in prison and fines. Sharing described nude-minor images with harmful intent could bring up to 3 years in prison and fines. Courts would be required to forfeit the images, related profits, and property used to commit the crime. Victims could get restitution under 18 U.S.C. 2264. The rules would apply outside the U.S. when the defendant or the person shown is a U.S. citizen or permanent resident.
Platform liability limits, with exceptions
If enacted, the bill would generally protect online services from liability for content others post. A platform would lose that protection if it intentionally solicits prohibited images or knowingly and predominantly distributes them. The rule would let many providers avoid liability while exposing platforms that run or promote the content.
Who and what counts as covered images
If enacted, the bill would add legal definitions for which services and images are covered. It would define "communications service" and use the 47 U.S.C. 230(f) meaning of "information content provider." It would define "intimate visual depiction" to require the person be at least 18 when the image was made and recognizable. It would define "visual depiction of a nude minor" by cross-reference to 18 U.S.C. 2256 rules.
Exceptions for law enforcement and reporting
If enacted, the bill would not apply to lawful law enforcement, intelligence, or protective work. It would also allow sharing images when done reasonably and in good faith to report illegal or unsolicited activity, seek help after receiving an unsolicited image, assist the person shown, for medical or educational uses, or for legal filings. These exceptions would only apply when the sharing is reasonable and made in good faith.
Sponsors & CoSponsors
Sponsor
Amy Klobuchar
MN • D
Cosponsors
Sen. Cornyn, John [R-TX]
TX • R
Sponsored 2/11/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov