S. 516 — SHIELD Act of 2023

This section establishes new criminal offenses under 18 U.S.C. §1802 prohibiting the knowing distribution via interstate commerce of (1) intimate visual depictions—defined as recognizable images of adults (age 18+) depicting sexually explicit conduct or exposed genitals, anus, pubic area, or female nipple, obtained with a reasonable expectation of privacy, not publicly or commercially exposed, not a matter of public concern, and distributed to cause or causing harm (psychological, financial, or reputational)—and (2) visual depictions of nude minors (under age 18, with unclothed anus, genitals, pubic area, or post-pubescent female nipple displayed non-sexually) with intent to abuse, humiliate, harass, degrade, or sexually gratify. It sets penalties of imprisonment for up to 3 years (or fines, or both) for violations involving nude minors and up to 2 years (or fines, or both) for intimate visual depictions of adults. It requires criminal forfeiture of distributed materials, any property constituting or derived from gross proceeds of the violation, and any property used or intended to facilitate the violation, with procedures governed by 21 U.S.C. §853 (except subsections (a) and (d)); provides for restitution under 18 U.S.C. §2264; and includes exceptions for law enforcement activities and good-faith reporting of unlawful conduct.