Overview
Title
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.
ELI5 AI
Imagine if someone had a picture of you in your swimsuit, and they shared it with other people without asking you first. This bill says that's not okay, and it helps make rules to stop people from sharing pictures like that if you don't want them to.
Summary AI
H.R. 10329, introduced on December 6, 2024, aims to make it illegal to knowingly share private, intimate visual depictions of someone without their consent, especially when it could cause harm. The bill is designed to protect individuals' privacy and to prevent the distribution of explicit or sensitive images without permission. It also includes specific penalties for those who distribute images of minors or threaten to distribute such depictions, and outlines various exceptions, such as for law enforcement or medical purposes. Additionally, it introduces rules for the forfeiture of materials and property involved in the violations.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Summary of the Bill
The proposed legislation, identified as H. R. 10329, is designed to make it illegal to distribute private intimate visual depictions without the subject's consent, particularly when done with reckless disregard for privacy and when such distribution could cause harm. This act, officially titled the "Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025" or the "SHIELD Act of 2024," aims to protect individuals' privacy by imposing penalties on those who unlawfully share intimate images. The bill outlines penalties including fines and imprisonment, and it identifies certain exceptions, such as activities related to law enforcement or legal proceedings.
Summary of Significant Issues
One notable issue within the bill is the discrepancy in its short title, mentioning both the years 2024 and 2025. This inconsistency might cause confusion and undermine the clarity and authority of the legislation. Additionally, the bill defines "intimate visual depiction" in a way that applies only to adults, potentially leading to a loophole regarding images of individuals who appear to be minors but are not. The bill also attempts to address service providers' liability, but the terms used could be interpreted in various ways, leading to inconsistent applications.
The exceptions provisioned for educational or scientific purposes are not sufficiently specific, which might inadvertently allow harmful distributions. Also, the penalties for threats related to image distribution are not adequately defined, creating possible inconsistencies in enforcement. Furthermore, the bill lacks guidance on how to calculate and distribute restitution for victims, raising concerns about compensation consistency. Finally, a broad rule of construction could lead to conflicts with other legal interpretations.
Impact on the Public
Broadly, this bill seeks to strengthen protections against the non-consensual distribution of intimate visual depictions, commonly known as "revenge porn." This could have a significant positive impact on personal privacy and the protection of individuals from psychological and reputational harm. By criminalizing such actions, the legislation could deter potential offenders and provide a legal avenue for redress.
Impact on Specific Stakeholders
For individual victims of non-consensual image distribution, this bill potentially offers more robust legal protection and the possibility of restitution. However, the absence of clear guidelines for calculating compensation might affect the victim's ability to receive adequate recompense.
Communications service providers may face increased scrutiny regarding the content shared on their platforms. The ambiguous language regarding providers' liability might lead to challenges in how they manage user-generated content, potentially forcing them to implement more stringent content monitoring practices.
Legal professionals and law enforcement agencies could benefit from a clearer framework to prosecute offenses related to intimate image distribution, but they may also encounter challenges due to ambiguities and potential loopholes left unaddressed in the bill.
Overall, while the bill aims to enhance protections against specific harms, its effectiveness might depend on resolving ambiguities and ensuring precise implementation guidance.
Issues
The short title section (Section 1) contains a discrepancy in the dates, mentioning both the SHIELD Act of 2024 and the Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025, which could cause confusion and undermine the bill's clarity and authority.
Section 2 includes a definition of 'intimate visual depiction' that applies only to individuals over 18, potentially creating a legal loophole or ambiguity regarding images of individuals who appear to be minors but are not, impacting enforcement effectiveness and protection.
Subsection (d)(1)(B) in Section 2 does not adequately address the potential misuse of the distribution exceptions for activities claimed to be educational or scientific, which might inadvertently allow harmful distributions, raising ethical concerns.
The penalties for threats in subsection (e) of Section 2 are not clearly defined, leading to potential inconsistencies in enforcement and creating a legal ambiguity that could affect the deterrence of such threats.
The language regarding service providers in subsection (d)(2) of Section 2 may lead to varying interpretations due to the ambiguous terms 'intentionally solicits' and 'knowingly and predominantly distributes', which may affect the liability of service providers engaged with third-party content.
There is a lack of guidance and clear rules on calculating and distributing restitution as stated in subsection (c)(3) of Section 2, which could lead to inconsistencies in compensating victims, raising ethical and legal concerns.
The rule of construction in subsection (g) of Section 2 is broad, potentially allowing it to be exploited to challenge other laws or create conflicts in legal interpretation, affecting the overall enforcement and legal coherence.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section gives the official short title of the legislative act, allowing it to be referred to as either the “Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025” or the “SHIELD Act of 2024”.
2. Certain activities relating to intimate visual depictions Read Opens in new tab
Summary AI
The new section added to Chapter 88 of Title 18 of the U.S. Code makes it illegal to distribute intimate visual depictions without consent if it invades someone’s privacy, causes harm, or involves a nude minor. The law provides penalties including fines, imprisonment, asset forfeiture, and exceptions for lawful activities like law enforcement and reporting crimes.
1802. Certain activities relating to intimate visual depictions Read Opens in new tab
Summary AI
The section outlines definitions, offenses, penalties, exceptions, and legal considerations concerning the unlawful distribution of intimate visual depictions and visual depictions of nude minors. It prohibits sharing such images without consent, especially if intended to harm, and imposes penalties, including fines and imprisonment, with exceptions for lawful activities, such as law enforcement and legal proceedings.