Stopping Harmful Image Exploitation and Limiting Distribution Act of 2019 or the SHIELD Act of 2019
This bill establishes a new criminal offense related to the distribution of intimate visual depictions.
Specifically, it makes it a crime to knowingly distribute (or intentionally threaten to distribute) an intimate visual depiction of an individual (1) with knowledge of or reckless disregard for the individual's lack of consent and reasonable expectation of privacy, and (2) without a reasonable belief that distributing the depiction touches a matter of public concern.
A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2111
To amend title 18, United States Code, to provide that it is unlawful
to knowingly distribute private intimate visual depictions with
reckless disregard for the individual's lack of consent to the
distribution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2019
Ms. Harris (for herself, Mr. Burr, and Ms. Klobuchar) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide that it is unlawful
to knowingly distribute private intimate visual depictions with
reckless disregard for the individual's lack of consent to the
distribution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Harmful Image Exploitation
and Limiting Distribution Act of 2019'' or the ``SHIELD Act of 2019''.
SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.
(a) In General.--Chapter 88 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1802. Certain activities relating to intimate visual depictions
``(a) Definitions.--In this section:
``(1) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a
common carrier, as that term is defined in section 3 of
the Communications Act of 1934 (47 U.S.C. 153), insofar
as the person is acting as a common carrier;
``(B) an electronic communication service, as that
term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
``(D) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)).
``(2) Information content provider.--The term `information
content provider' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(3) Intimate visual depiction.--The term `intimate visual
depiction' means any visual depiction (as that term is defined
in section 2256(5))--
``(A) of an individual who is reasonably
identifiable from the visual depiction itself or
information displayed in connection with the visual
depiction;
``(B) in which--
``(i) the individual has obtained 18 years
of age and is engaging in sexually explicit
conduct; or
``(ii) the naked genitals, anus, pubic area
or post-pubescent female nipple of the
individual are visible;
``(C) in which the content described in
subparagraph (B) is not simulated; and
``(D) in original or modified format.
``(4) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in section
2256(2)(A).
``(b) Offense.--Except as provided in subsection (d), it shall be
unlawful to knowingly use any means or facility of interstate or
foreign commerce to distribute an intimate visual depiction of an
individual--
``(1) with knowledge of or reckless disregard for--
``(A) the lack of consent of the individual to the
distribution; and
``(B) the reasonable expectation of the individual
that the depiction would remain private; and
``(2) without an objectively reasonable belief that such
distribution touches upon a matter of public concern.
``(c) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned not more than 5 years, or both.
``(d) Exceptions.--
``(1) Law enforcement, lawful reporting, and other legal
proceedings.--This section--
``(A) does not prohibit any lawful law enforcement,
correctional, or intelligence activity;
``(B) shall not apply in the case of an individual
acting in good faith to report unlawful activity or in
pursuance of a legal or professional or other lawful
obligation; and
``(C) shall not apply in the case of a document
production or filing associated with a legal
proceeding.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to content
provided by another information content provider unless the
provider of the communications service intentionally solicits,
or knowingly and predominantly distributes, content that the
provider of the communications service actually knows is in
violation of this section.
``(e) Threats.--Any person who intentionally threatens to commit an
offense under subsection (b) shall be punished as provided in
subsection (c).
``(f) Venue and Extraterritoriality.--A prosecution under this
section may be brought in a district where the defendant or the
depicted individual resides or in a district where the intimate visual
depictions are distributed or made available. There is extraterritorial
Federal jurisdiction over an offense under this section if the
defendant or the depicted individual is a citizen or permanent resident
of the United States.''.
(b) Clerical Amendment.--The table of sections of chapter 88 of
title 18, United States Code, is amended by inserting after the item
relating to section 1801 the following:
``1802. Certain activities relating to intimate visual depictions.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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