SHIELD Act of 2023

The SHIELD Act would establish two new federal criminal offenses related to the distribution of sexual exploitative content. First, it would make it illegal to knowingly mail or distribute nonconsensual intimate images of adults engaged in sexual conduct, or to threaten to do so. The distribution must be intended to cause harm or actually cause harm, and the depiction cannot be a matter of public concern. Violations would result in fines, up to two years in prison, mandatory restitution to victims, and forfeiture of materials and proceeds related to the offense.

Second, the bill would criminalize the distribution of nude or sexually explicit images of minors with intent to abuse, humiliate, harass, degrade, or sexually arouse. This offense carries steeper penalties of up to three years in prison, along with fines, mandatory restitution, and forfeiture provisions. If enacted, these laws would create federal tools to prosecute individuals who distribute intimate images without consent, addressing a form of harassment and exploitation that has become more prevalent with digital technology and social media.

The bill is currently in committee and has not yet been voted on by the full Senate.