119-hr1941

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1941 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1941

 To prohibit the disclosure of intimate digital depictions, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 6, 2025

 Mr. Morelle (for himself and Mr. Kean) introduced the following bill; 
 which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To prohibit the disclosure of intimate digital depictions, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Preventing Deepfakes of Intimate 
Images Act''.

SEC. 2. INTIMATE DIGITAL DEPICTIONS.

 The Violence Against Women Act Reauthorization Act of 2022 is 
amended by inserting after 

section 1309 the following:

``

SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Consent.--The term `consent' has the meaning given 
 such term in 

section 1309.
 ``

    (2) Depicted individual.--The term `depicted individual' 
 means an individual who, as a result of digitization or by 
 means of digital manipulation, appears in whole or in part in 
 an intimate digital depiction and who is identifiable by virtue 
 of the person's face, likeness, or other distinguishing 
 characteristic, such as a unique birthmark or other 
 recognizable feature, or from information displayed in 
 connection with the digital depiction.
 ``

    (3) Digital depiction.--The term `digital depiction' 
 means a realistic visual depiction, as that term is defined in 
 

section 2256

    (5) of title 18, United States Code, of an 
 individual that has been created or altered using digital 
 manipulation.
 ``

    (4) Disclose.--The term `disclose' has the meaning given 
 such term in 

section 1309.
 ``

    (5) Intimate digital depiction.--The term `intimate 
 digital depiction' means a digital depiction of an individual 
 that has been created or altered using digital manipulation and 
 that depicts--
 ``
        (A) the uncovered genitals, pubic area, anus, or 
 postpubescent female nipple of an identifiable 
 individual;
 ``
        (B) the display or transfer of bodily sexual 
 fluids--
 ``
            (i) onto any part of the body of an 
 identifiable individual; or
 ``
            (ii) from the body of an identifiable 
 individual; or
 ``
            (C) an identifiable individual engaging in 
 sexually explicit conduct.
 ``

    (6) Sexually explicit conduct.--The term `sexually 
 explicit conduct' has the meaning given the term in 
 subparagraphs
        (A) and
        (B) of 

section 2256

    (2) of title 18, 
 United States Code.
 ``

    (b) Right of Action.--
 ``

    (1) In general.--Except as provided in subsection

    (e) , an 
 individual who is the subject of an intimate digital depiction 
 that is disclosed, in or affecting interstate or foreign 
 commerce or using any means or facility of interstate or 
 foreign commerce, without the consent of the individual, where 
 such disclosure was made by a person who knows that, or 
 recklessly disregards whether, the individual has not consented 
 to such disclosure, may bring a civil action against that 
 person in an appropriate district court of the United States 
 for relief as set forth in subsection
            (d) .
 ``

    (2) Rights on behalf of certain individuals.--In the case 
 of an individual who have not attained 18 years of age or are 
 incompetent, incapacitated, or deceased, the legal guardian of 
 the individual or representative of the individual's estate, 
 another family member, or any other person appointed as 
 suitable by the court, may assume the individual's rights under 
 this section, but in no event shall the defendant be named as 
 such representative or guardian.
 ``
            (c) Consent.--For purposes of an action under subsection

    (b) --
 ``

    (1) an individual's consent to the creation of the 
 intimate digital depiction shall not establish that the person 
 consented to its disclosure; and
 ``

    (2) consent shall be deemed validly given only if--
 ``
        (A) it is set forth in an agreement written in 
 plain language signed knowingly and voluntarily by the 
 depicted individual; and
 ``
        (B) it includes a general description of the 
 intimate digital depiction and, if applicable, the 
 audiovisual work into which it will be incorporated.
 ``
            (d) Relief.--
 ``

    (1) In general.--
 ``
        (A) Damages.--In a civil action filed under this 
 section, an individual may recover any of the 
 following:
 ``
            (i) An amount equal to the monetary gain 
 made by the defendant from the creation, 
 development, or disclosure of the intimate 
 digital depiction.
 ``
            (ii) Either of the following:
 ``
            (I) The actual damages sustained 
 by the individual as a result of the 
 intimate digital depiction, including 
 damages for emotional distress.
 ``
            (II) Liquidated damages in the 
 amount of $150,000.
 ``
            (iii) Punitive damages.
 ``
            (iv) The cost of the action, including 
 reasonable attorney's fees and other litigation 
 costs reasonably incurred.
 ``
        (B) Equitable relief.--In a civil action filed 
 under this section, a court may, in addition to any 
 other relief available at law, order equitable relief, 
 including a temporary restraining order, a preliminary 
 injunction, or a permanent injunction ordering the 
 defendant to cease display or disclosure of the 
 intimate digital depiction.
 ``

    (2) Preservation of anonymity.--In ordering relief under 
 this subsection, the court may grant injunctive relief 
 maintaining the confidentiality of a plaintiff using a 
 pseudonym.
 ``

    (e) Exceptions.--An identifiable individual may not bring an 
action for relief under this section relating to--
 ``

    (1) a disclosure made in good faith--
 ``
        (A) to or by a law enforcement officer or agency 
 in the course of reporting or investigating--
 ``
            (i) unlawful activity; or
 ``
            (ii) unsolicited or unwelcome conduct; or
 ``
        (B) as part of a legal proceeding;
 ``

    (2) a matter of legitimate public concern or public 
 interest, except that it shall not be considered a matter of 
 legitimate public interest or public concern solely because the 
 depicted individual is a public figure; or
 ``

    (3) a disclosure reasonably intended to assist the 
 identifiable individual.
 ``

    (f) In Camera.--A court may authorize an in camera proceeding 
under this section.
 ``

    (g) Disclaimers.--It shall not be a defense to an action under 
this section that there is a disclaimer stating that the intimate 
digital depiction of the depicted individual was unauthorized or that 
the depicted individual did not participate in the creation or 
development of the material.
 ``

    (h) Limitations.--For purposes of this section, a provider of an 
interactive computer service shall not be held liable on account of--
 ``

    (1) any action voluntarily taken in good faith to 
 restrict access to or availability of intimate digital 
 depictions; or
 ``

    (2) any action taken to enable or make available to 
 information content providers or other persons the technical 
 means to restrict access to intimate digital depictions.''.

SEC. 3. CRIMINAL ACTION.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after 

section 2252C the following:
``

Sec. 2252D. Intimate digital depictions
 ``

    (a) Offense.--Whoever, in or affecting interstate or foreign 
commerce, discloses or threatens to disclose an intimate digital 
depiction--
 ``

    (1) with the intent to harass, annoy, threaten, alarm, or 
 cause substantial harm to the finances or reputation of the 
 depicted individual; or
 ``

    (2) with actual knowledge that, or reckless disregard for 
 whether, such disclosure or threatened disclosure will cause 
 physical, emotional, reputational, or economic harm to the 
 depicted individual,
shall be punished as provided under subsection

    (b) .
 ``

    (b) Penalty.--Any person who commits an offense under subsection

    (a) shall be--
 ``

    (1) fined under this title, imprisoned for not more than 
 2 years, or both; or
 ``

    (2) fined under this title, imprisoned for not more than 
 10 years, or both, in the case of a violation in which the 
 creation, reproduction, or distribution of the intimate digital 
 depiction could be reasonably expected to--
 ``
        (A) affect the conduct of any administrative, 
 legislative, or judicial proceeding of a Federal, 
 State, local, or Tribal government agency, including 
 the administration of an election or the conduct of 
 foreign relations; or
 ``
        (B) facilitate violence.
 ``
            (c) Disclaimers.--It shall not be a defense to an action under 
this section that there is a disclaimer stating that the intimate 
digital depiction of the depicted individual was unauthorized or that 
the depicted individual did not participate in the creation or 
development of the material.
 ``
            (d) Limitations.--For purposes of this section, a provider of an 
interactive computer service shall not be held liable on account of--
 ``

    (1) any action voluntarily taken in good faith to 
 restrict access to or availability of intimate digital 
 depictions; or
 ``

    (2) any action taken to enable or make available to 
 information content providers or other persons the technical 
 means to restrict access to intimate digital depictions.
 ``

    (e) 

=== Definitions. ===
-In this section:
 ``

    (1) Consent.--The term `consent' has the meaning given 
 such term in 

section 1309 of the Violence Against Women Act 
 Reauthorization Act of 2022.
 ``

    (2) Depicted individual.--The term `depicted individual' 
 means an individual who, as a result of digitization or by 
 means of digital manipulation, appears in whole or in part in 
 an intimate digital depiction and who is identifiable by virtue 
 of the person's face, likeness, or other distinguishing 
 characteristic, such as a unique birthmark or other 
 recognizable feature, or from information displayed in 
 connection with the digital depiction.
 ``

    (3) Digital depiction.--The term `digital depiction' 
 means a realistic visual depiction, as that term is defined in 
 

section 2256

    (5) , of an individual that has been created or 
 altered using digital manipulation.
 ``

    (4) Disclose.--The term `disclose' has the meaning given 
 such term in 

section 1309 of the Violence Against Women Act 
 Reauthorization Act of 2022.
 ``

    (5) Intimate digital depiction.--The term `intimate 
 digital depiction' means a digital depiction of an individual 
 that has been created or altered using digital manipulation and 
 that depicts--
 ``
        (A) the uncovered genitals, pubic area, anus, or 
 postpubescent female nipple of an identifiable 
 individual;
 ``
        (B) the display or transfer of bodily sexual 
 fluids--
 ``
            (i) onto any part of the body of an 
 identifiable individual; or
 ``
            (ii) from the body of an identifiable 
 individual; or
 ``
            (C) an identifiable individual engaging in 
 sexually explicit conduct.
 ``

    (6) Sexually explicit conduct.--The term `sexually 
 explicit conduct' has the meaning given the term in 
 subparagraphs
        (A) and
        (B) of 

section 2256

    (2) .''.

    (b) Clerical Amendment.--The table of sections for chapter 110 of 
title 18, United States Code is amended by inserting after the item 
relating to 

section 2252C the following new item:

``2252D. Intimate digital depictions.''.
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