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Adds a new section 1802 to Chapter 88 of title 18 titled 'Certain activities relating to intimate visual depictions' containing definitions (communications service; information content provider; intimate visual depiction; minor; sexually explicit conduct; visual depiction of a nude minor), substantive offenses for knowingly mailing or distributing intimate visual depictions and visual depictions of a nude minor (with specified mens rea and circumstances), penalties (up to 2 years imprisonment for intimate visual depiction violations; up to 3 years for visual depiction of a nude minor), criminal forfeiture provisions (applying 21 U.S.C. 853 except subsections (a) and (d)), restitution availability referencing section 2264, enumerated exceptions (law enforcement, lawful reporting, certain legitimate uses), a service-provider safe-harbor, a threats provision, extraterritorial jurisdiction where the defendant or depicted individual is a U.S. citizen or permanent resident, and a rule of construction preserving application of other relevant law.
Amends section 2264(a) of title 18 by inserting additional language before the period (specific inserted text not included in the provided excerpt).
Clerical amendment to the table of sections for title 18: insert the new item for section 1802 after the item relating to section 1801.
Creates a new federal crime that bans mailing or otherwise distributing certain "intimate visual depictions" of adults and nude visual depictions of minors in specified circumstances. The law defines the prohibited images, sets criminal penalties (up to 2 years for intimate adult images and up to 3 years for nude depictions of minors), requires criminal forfeiture, allows victim restitution, includes exceptions for law enforcement and good‑faith reporting, and establishes limited extraterritorial jurisdiction. It also clarifies it does not replace or limit existing child‑pornography laws.
Adds a new section to Title 18, Chapter 88: 1802, titled "Certain activities relating to intimate visual depictions."
Defines "communications service" to include (A) common carriers (as in 47 U.S.C. 153) when acting as common carriers, (B) electronic communication services (as defined in section 2510), (C) information services (47 U.S.C. 153), and (D) interactive computer services (47 U.S.C. 230(f)).
Defines "information content provider" by reference to the meaning in 47 U.S.C. 230(f).
Defines "intimate visual depiction" as any visual depiction (per 2256(5)) of an individual who (A) was 18 or older when created, (B) is recognizable to a third party from the image or associated text, and (C) either (i) is depicted engaging in sexually explicit conduct or (ii) shows unclothed visible genitals, anus, pubic area, or female nipple.
Defines "minor" by reference to section 2256.
Who is affected and how:
Victims whose intimate images are shared without authorization: They gain an additional federal criminal avenue for prosecution, potential restitution, and criminal forfeiture remedies. The law aims to deter nonconsensual sharing and provide remedies for harm.
Children and minors: The statute criminalizes mailing or distributing nude visual depictions of minors in covered circumstances; it reinforces and supplements existing federal child‑protection laws and could lead to additional prosecutions where facts fit the new definition.
Adults whose intimate images are shared: Adults whose private, intimate images are distributed under the covered circumstances may be protected by the new criminal prohibition and could see perpetrators prosecuted under federal law.
Platform operators, mail carriers, and other distributors: Companies and intermediaries that transmit, host, or deliver images could face increased compliance and legal risk if their services are used to distribute prohibited images. The statute includes exceptions for certain lawful activity, but platforms may need to review policies and cooperation with law enforcement to manage risks.
Federal prosecutors and enforcement agencies: The Department of Justice, U.S. Postal Inspection Service, and other federal investigators would have a new statutory tool to pursue distribution offenses that meet the statute's definitions and jurisdictional tests.
Law enforcement reporting and child welfare entities: The law recognizes good‑faith reporting and official activity as exceptions, which protects routine investigative and protective work from criminal exposure.
Potential effects and tradeoffs:
May increase federal prosecutions for nonconsensual image distribution, augmenting state remedies and existing federal statutes addressing child sexual exploitation.
Could raise free‑speech and privacy questions where definitions and covered circumstances intersect with lawful expression; courts may be asked to interpret statutory definitions and exceptions.
Platforms and service providers may face operational impacts (moderation, notice-and-takedown practices, cooperation with subpoenas) even though civil liability mechanics are not central to the statute.
Overall, the law primarily expands criminal liability for certain distributions of intimate images, with provisions intended to protect victims while carving out law‑enforcement and good‑faith activities.
Expand sections to see detailed analysis
Read twice and referred to the Committee on the Judiciary.
Introduced February 11, 2025 by Amy Klobuchar · Last progress February 11, 2025
SHIELD Act of 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate