The SHIELD Act Seeks to Criminalize CSEM and Revenge Porn
Something no one wants to talk about is the proliferation of child sexual exploitation material (CSEM) available on the internet. Online, these images are all too easy to access. To combat this, members of Congress have proposed legislation – the Stopping Harmful Image Exploitation and Limiting Distribution Act, or the SHIELD Act. According to its supporters, this law would help crack down on the distribution of sexually exploitative images of children. It would also criminalize so-called “revenge porn” on a federal level.
What is the SHIELD Act?
To understand the need for the SHIELD Act, one must understand the difference between CSEM and CSAM (child sexual abuse material). CSAM is also called “child pornography” or “CP.” With CSAM, the images depict actual sexual abuse or the genitalia of children. In comparison, CSEM includes a broader class of sexualized material depicting children.
Under the present federal laws and the laws in New York, distributing, producing, and possessing CSAM are sex offenses. However, CSEM may not always be criminalized. As such, the SHIELD Act seeks to criminalize the distribution of sexually exploitative images, defined as a visual depiction of a nude minor which does not meet the legal definition of CSAM.
Moreover, many states have passed laws criminalizing revenge porn. In New York, Unlawful Publication of Sexual Images (Penal Law § 245.15) is class A misdemeanor offense. However, there is no such prohibition on the federal level. The proposed bill would close that gap.
Earlier in July 2024, the bill passed in the US Senate. US Senator Amy Klobuchar stated, “Current laws are not sufficient to protect victims of online abuse and harassment.” According to its proponents, the law will help address the impact on victims from the online distribution of such explicit or private images.
What Would the SHIELD Act Do?
Specifically, the SHIELD Act would criminalize the knowing distribution of a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person.
Additionally, the bill seeks to criminalize revenge porn. Under the proposed law, it would be unlawful to knowingly distribute a private intimate visual depiction of a person under certain circumstances. The image would be protected if it was obtained or created where the person distributing the image knew the person depicted had a reasonable expectation of privacy, and where the sharing causes or is intended to cause harm to the person in the image. There are some exemptions for certain distributions.
References:
- The Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2023, S.412, 118th Cong. (2023-2024). Available at: https://www.congress.gov/bill/118th-congress/senate-bill/412/text (last accessed July 25, 2024).
- Press Release, Klobuchar, Cornyn Bipartisan Legislation to Strengthen Laws Protecting Victims – Including Children – of Online Exploitation Passes Senate (July 11, 2024). Available at: https://www.klobuchar.senate.gov/public/index.cfm/2024/7/klobuchar-cornyn-bipartisan-legislation-to-strengthen-laws-protecting-victims-including-children-of-online-exploitation-passes-senate (last accessed July 25, 2024).
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