SHIELD Act of 2023

This bill establishes new federal criminal offenses related to the distribution of sexual exploitative content.

First, the bill makes it a crime to knowingly mail or distribute (or intentionally threaten to mail or distribute) an intimate visual depiction of a recognizable adult engaged in sexual conduct. To constitute a crime, certain elements must be met, including that the distribution must be nonconsensual; the depiction is not a matter of public concern; and the distribution must be intended to cause harm or cause harm. A violator is subject to a fine, a prison term of up to two years, or both; mandatory restitution; and the forfeiture of material involved in the offense, property constituting or derived from the proceeds from the offense, and property used to commit or facilitate the offense.

Second, the bill makes it a crime to knowingly mail or distribute (or intentionally threaten to mail or distribute) a visual depiction of a nude minor with 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 a fine, a prison term of up to three years, or both; mandatory restitution; and the forfeiture of material involved in the offense, property constituting or derived from the proceeds from the offense, and property used to commit or facilitate the offense.

Summary by the Congressional Research Service.