SHIELD Act of 2023

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 or reckless disregard for 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.