The SHIELD Act of 2025 makes it a federal crime to knowingly distribute intimate visual depictions without consent, with exceptions for law enforcement, reporting illegal activity, and legitimate purposes, while also protecting communications service providers from liability unless they intentionally solicit or knowingly distribute the content.
Jefferson Van Drew
Representative
NJ-2
The "SHIELD Act of 2025" aims to protect individuals from the non-consensual distribution of intimate visual depictions, establishing federal offenses and penalties for those who knowingly distribute such images with reckless disregard for the depicted individual's lack of consent, or distribute depictions of nude minors. It defines key terms, sets forth specific offenses, and outlines penalties including fines and imprisonment, while also providing exceptions for law enforcement activities, good-faith distributions, and protecting communications service providers from liability under certain conditions. The act also addresses threats related to the distribution of intimate images and establishes extraterritorial jurisdiction in certain cases.
SHIELD Act of 2025: New Federal Law to Criminalize Non-Consensual Sharing of Intimate Images
The "Stopping Harmful Image Exploitation and Limiting Distribution Act of 2025," or SHIELD Act of 2025, makes it a federal crime to knowingly share intimate visual depictions of adults without their consent, or nude images of minors, online or through mail, if the person sharing intends harm or acts with reckless disregard. It is now against the law. The core purpose is to combat online abuse and protect individuals' privacy by providing legal recourse against those who distribute such images. The SHIELD act of 2025 amends Title 18 of the United States Code, adding section 1802.
Cracking Down on Digital Exploitation
The SHIELD Act specifically targets the non-consensual sharing of "intimate visual depictions." This is defined as images or videos showing someone over 18 engaged in sexually explicit conduct or displaying their genitals, anus, pubic area, or female nipple, where the person had a "reasonable expectation of privacy." It also covers sharing "visual depiction of a nude minor," meaning images of someone under 18 with visible, unclothed private parts, even if not engaged in sexual conduct. Consent to create an image doesn't mean consent to share it. (Section 2(b)).
For example, if a person sends an intimate photo to their partner, and that partner later shares it online without permission to cause distress, that could be a federal crime. Similarly, sharing a photo of a nude minor, even if not explicitly sexual, with the intent to humiliate or harass, is also outlawed. The law doesn't apply if the image was voluntarily exposed in a public or commercial setting or is a matter of "public concern." (Section 2(b)(2)(A-C)).
Real-World Consequences
Violations involving images of nude minors can lead to up to 3 years in prison and/or a fine. For adults, it's up to 2 years and/or a fine. The law also allows for the forfeiture of any materials used in the crime and any profits made from it. Victims can also seek restitution. (Section 2(c)).
Importantly, the law doesn't hold communication service providers (like social media platforms or email providers) liable unless they actively encouraged or knowingly distributed the content. (Section 2(d)(3)). There are also exceptions for law enforcement, good-faith reporting of illegal activity, legal proceedings, and legitimate medical, scientific, or educational purposes. (Section 2(d)(1-2)).
Navigating the Nuances
While the SHIELD Act aims to protect victims, the language around "reasonable expectation of privacy" and "matters of public concern" will likely be debated and interpreted in court. What one person considers private, another might not. Also, the bill establishes extraterritorial federal jurisdiction if either the person sharing the image or the person depicted is a U.S. citizen or permanent resident, which could have international implications. (Section 2(f)).
The SHIELD Act adds to existing laws, like 18 U.S. Code § 2252, which deals with child sexual abuse material, offering another layer of protection, but it doesn't replace those laws. (Section 2(g)).