Who it would protect
Recognizable adults depicted in specified intimate imagery and recognizable minors depicted nude under the proposal’s definitions.
Pending legislation — not current federal law.The provisions described as part of this bill would take effect only if enacted.
Legislative status
H.R.1218 has been introduced but has not passed the House or Senate. Its offenses and penalties are proposals and must not be confused with the enacted TAKE IT DOWN Act.
What the bill would do
The SHIELD Act would add a new section 1802 to title 18 of the United States Code. It addresses distribution through interstate or foreign commerce and distinguishes offenses involving adult intimate depictions from offenses involving visual depictions of nude minors.
For adult depictions, the proposal requires knowledge or reckless disregard concerning the depicted person’s lack of consent, along with an intent-to-harm or reasonable-harm standard. Consent to creation would not, by itself, establish consent to distribution.
The bill also contains exceptions for lawful law-enforcement activity, legal proceedings, public-interest matters, medical or educational purposes, and other specified conduct.
Key dates
| Date | Milestone |
|---|---|
| February 11, 2025 | H.R.1218 is introduced in the House. |
| February 11, 2025 | The bill is referred to the House Committee on the Judiciary. |
| 2025–2026 | Additional House cosponsors join the proposal. |
| Current status | No chamber has passed the bill. |
In brief
What it would prohibit
Specified knowing distribution and intentional threats to distribute, with different elements depending on the type of depiction.
What penalties are proposed
Fines, imprisonment, forfeiture, and restitution, subject to the elements and exceptions in the bill.
Legislative proposal: The bill’s provisions are not enforceable unless Congress passes and the President signs the legislation.
Proposed criminal penalties
The bill would authorize up to two years’ imprisonment for its adult intimate-depiction offense and up to three years for its offense involving a visual depiction of a nude minor, along with fines. It also provides for criminal forfeiture and restitution.