#aahth ,,congress #b;d ,session ,s4 #dab ,,an ,,act ,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 distribution1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,harmful ,image ,exploitation and ,limiting ,distribution ,act of #bjbc or the ,,shield ,act of #bjbc4 #b4 ,certain activities relating to intimate visual depictions 7a7 ,in general ,chapter #hh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ahjb4 ,certain activities relating to intimate visual depictions 7a7 ,definitions ,in this section3 7#a7 ,communications service ,the term communications service means-- 7,a7 a service provided by a person that is a common carrier1 as that term is defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 insofar as the person is acting as a common carrier2 7,b7 an electronic communication service1 as that term is defined in section #beaj2 7,c7 an information service1 as that term is defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec72 and 7,d7 an interactive computer service1 as that term is defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 7#b7 ,information content provider ,the term information content provider has the meaning given that term in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 7#c7 ,intimate visual depiction ,the term intimate visual depiction means any visual depiction 7as that term is defined in section #bbef7e77 of an individual-- 7,a7 who has attained #ah years of age at the time the intimate visual depiction is created2 7,b7 who is recognizable to a third party from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image2 and 7,c7 7i7 who is depicted engaging in sexually explicit conduct2 or 7ii7 whose genitals1 anus1 pubic area1 or female nipple are unclothed and visible4 7#d7 ,minor ,the term minor has the meaning given that term in section #bbef4 7#e7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given that term in section #bbef7b77;,a74 7#f7 ,visual depiction of a nude minor ,the term visual depiction of a nude minor means any visual depiction 7as that term is defined in section #bbef7e77 of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under #ah years of age at the time the visual depiction was created in which the actual anus1 genitals1 or pubic area1 or post-pubescent female nipple1 of the minor are unclothed1 visible1 and displayed in a manner that does not constitute sexually explicit conduct4 7b7 ,offenses 7#a7 ,in general ,except as provided in subsection 7d71 it shall be unlawful to knowingly mail1 or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce1 an intimate visual depiction of an individual-- 7,a7 that was obtained or created under circumstances in which the actor knew or reasonably should have known the individual depicted had a reasonable expectation of privacy2 7,b7 where what is depicted was not voluntarily exposed by the individual in a public or commercial setting2 7,c7 where what is depicted is not a matter of public concern2 and 7,d7 if the distribution-- 7i7 is intended to cause harm2 or 7ii7 causes harm1 including psychological1 financial1 or reputational harm1 to the individual depicted4 ,for purposes of this paragraph1 the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution4 7#b7 ,involving minors ,except as provided in subsection 7d71 it shall be unlawful to knowingly mail1 or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce1 a visual depiction of a nude minor with intent to abuse1 humiliate1 harass1 or degrade the minor1 or to arouse or gratify the sexual desire of any person4 7c7 ,penalty 7#a7 ,in general 7,a7 ,visual depiction of a nude minor ,any person who violates subsection 7b77#b7 shall be fined under this title1 imprisoned not more than #c years1 or both4 7,b7 ,intimate visual depiction ,any person who violates subsection 7b77#a7 shall be fined under this title1 imprisoned for not more than #b years1 or both4 7#b7 ,forfeiture 7,a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section1 or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section1 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that such person forfeit to the ,united ,states-- 7i7 any material distributed in violation of this section2 7ii7 such person's interest in property1 real or personal1 constituting or derived from any gross proceeds of such violation1 or any property traceable to such property1 obtained or retained directly or indirectly as a result of such violation2 and 7iii7 any personal property of the person used1 or intended to be used1 in any manner or part1 to commit or to facilitate the commission of such violation4 7,b7 ,procedures ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 with the exception of subsections 7a7 and 7d71 applies to the criminal forfeiture of property pursuant to subparagraph 7,a74 7#c7 ,restitution ,restitution shall be available as provided in section #bbfd of this title4 7d7 ,exceptions 7#a7 ,law enforcement1 lawful reporting1 and other legal proceedings ,this section-- 7,a7 does not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or of an intelligence agency of the ,united ,states2 and 7,b7 shall not apply to distributions that are made reasonably and in good faith-- 7i7 to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation2 7ii7 to seek support or help with respect to the receipt of an unsolicited intimate visual depiction2 7iii7 relating to an individual who possesses or distributes a visual depiction of himself or herself engaged in nudity or sexually explicit conduct2 7iv7 to assist the depicted individual2 7v7 for legitimate medical1 scientific1 or educational purposes2 or 7vi7 as part of a document production or filing associated with a legal proceeding4 7#b7 ,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 solicits1 or knowingly and predominantly distributes1 such content4 7e7 ,threats ,any person who intentionally threatens to commit an offense under subsection 7b7 for the purpose of intimidation1 coercion1 extortion1 or to create mental distress shall be punished as provided in subsection 7c74 7f7 ,extraterritoriality ,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 ,states4 7g7 ,rule of construction ,nothing in this section shall be construed to limit the application of any other relevant law1 including section #bbeb of this title4 4 7b7 ,clerical amendment ,the table of sections for chapter #hh of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ahja the following3 #ahjb4 ,certain activities relating to intimate visual depictions4 4 7c7 ,conforming amendment ,section #bbfd7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting 1 or under section #ahjb of this title before the period4 ,passed the ,senate ,july #aj1 #bjbd4,secretary