119-hr3562

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3562 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3562

To improve rights to relief for individuals affected by non-consensual 
 activities involving intimate digital forgeries, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 21, 2025

 Ms. Ocasio-Cortez (for herself, Ms. Lee of Florida, Mrs. Cammack, Mr. 
 Deluzio, Mrs. Dingell, Mr. Lawler, Mr. Lieu, Ms. Mace, Mr. Miller of 
 Ohio, Mr. Raskin, Ms. Pettersen, and Mr. Van Drew) introduced the 
 following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To improve rights to relief for individuals affected by non-consensual 
 activities involving intimate digital forgeries, 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 ``Disrupt Explicit Forged Images And 
Non-Consensual Edits Act of 2025'' or the ``DEFIANCE Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Digital forgeries, often called deepfakes, are 
 synthetic images and videos that look realistic. The technology 
 to create digital forgeries is now ubiquitous and easy to use. 
 Hundreds of apps are available that can quickly generate 
 digital forgeries without the need for any technical expertise.

    (2) Digital forgeries can be wholly fictitious but can also 
 manipulate images of real people to depict sexually intimate 
 conduct that did not occur. For example, some digital forgeries 
 will paste the face of an individual onto the body of a real or 
 fictitious individual who is nude or who is engaging in sexual 
 activity. Another example is a photograph of an individual that 
 is manipulated to digitally remove the clothing of the 
 individual so that the person appears to be nude.

    (3) The individuals depicted in such digital forgeries are 
 profoundly harmed when the content is produced with intent to 
 disclose, disclosed, or obtained without the consent of those 
 individuals. These harms are not mitigated through labels or 
 other information that indicates that the depiction is fake.

    (4) It can be destabilizing to victims whenever those 
 victims are depicted in intimate digital forgeries against 
 their will, as the privacy of those victims is violated and the 
 victims lose control over their likeness and identity.

    (5) Victims can feel helpless because the victims--
        (A) may not be able to determine who has created 
 the content; and
        (B) do not know how to prevent further disclosure 
 of the intimate digital forgery or how to prevent more 
 forgeries from being made.

    (6) Victims may be fearful of being in public out of 
 concern that individuals the victims encounter have seen the 
 digital forgeries. This leads to social rupture through the 
 loss of the ability to trust, stigmatization, and isolation.

    (7) Victims of non-consensual, sexually intimate digital 
 forgeries may experience depression, anxiety, and suicidal 
 ideation. These victims may also experience the ``silencing 
 effect'' in which the victims withdraw from online spaces and 
 public discourse to avoid further abuse.

    (8) Digital forgeries are often used to--
        (A) harass victims, interfering with their 
 employment, education, reputation, or sense of safety; 
 or
        (B) commit extortion, sexual assault, domestic 
 violence, and other crimes.

    (9) Because of the harms caused by non-consensual, sexually 
 intimate digital forgeries, such digital forgeries are 
 considered to be a form of image-based sexual abuse.

SEC. 3. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE IMAGES.

    (a) 

=== Definitions. ===
-

Section 1309 of the Consolidated Appropriations 
Act, 2022 (15 U.S.C. 6851) is amended--

    (1) in the section heading, by inserting ``or nonconsensual 
 activity involving digital forgeries'' after ``intimate 
 images''; and

    (2) in subsection

    (a) --
        (A) in paragraph

    (2) , by inserting ``competent,'' 
 after ``conscious,'';
        (B) by striking paragraph

    (3) ;
            (C) by redesignating paragraph

    (4) as paragraph

    (3) ;
            (D) by redesignating paragraphs

    (5) and

    (6) as 
 paragraphs

    (6) and

    (7) , respectively;
        (E) by inserting after paragraph

    (3) the following:
 ``

    (4) Identifiable individual.--The term `identifiable 
 individual' means an individual whose body appears in whole or 
 in part in an intimate visual depiction or intimate digital 
 forgery and who is identifiable by virtue of the individual's 
 face, likeness, or other distinguishing characteristic, such as 
 a unique birthmark or other recognizable feature, or from 
 information displayed in connection with the intimate visual 
 depiction or intimate digital forgery.
 ``

    (5) Intimate digital forgery.--
 ``
        (A) In general.--The term `intimate digital 
 forgery' means any intimate visual depiction of an 
 identifiable individual that--
 ``
            (i) falsely represents, in whole or in 
 part--
 ``
            (I) the identifiable individual; 
 or
 ``
            (II) the conduct or content that 
 makes the visual depiction intimate;
 ``
            (ii) is created through the use of 
 software, machine learning, artificial 
 intelligence, or any other computer-generated 
 or technological means, including by adapting, 
 modifying, manipulating, or altering an 
 authentic visual depiction; and
 ``
            (iii) is indistinguishable from an 
 authentic visual depiction of the identifiable 
 individual when viewed as a whole by a 
 reasonable person.
 ``
        (B) Labels, disclosure, and context.--Any visual 
 depiction described in subparagraph
        (A) constitutes an 
 intimate digital forgery for purposes of this paragraph 
 regardless of whether a label, information disclosed 
 with the visual depiction, or the context or setting in 
 which the visual depiction is disclosed states or 
 implies that the visual depiction is not authentic.''; 
 and
        (F) in paragraph

    (6)
        (A) , as so redesignated--
            (i) in clause
            (i) , by striking ``or'' at 
 the end;
            (ii) in clause
            (ii) --
            (I) in subclause
            (I) , by striking 
 ``individual;'' and inserting 
 ``individual; or''; and
            (II) by striking subclause
            (III) ; 
 and
            (iii) by adding at the end the following:
 ``
            (iii) an identifiable individual engaging 
 in sexually explicit conduct; and''.

    (b) Civil Action.--

Section 1309

    (b) of the Consolidated 
Appropriations Act, 2022 (15 U.S.C. 6851

    (b) ) is amended--

    (1) in paragraph

    (1) --
        (A) by striking subparagraph
        (A) and inserting the 
 following:
 ``
        (A) In general.--Except as provided in paragraph

    (5) --
 ``
            (i) an identifiable individual whose 
 intimate visual depiction 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 
 identifiable individual, where such disclosure 
 was made by a person who knows or recklessly 
 disregards that the identifiable 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 paragraph

    (3) ;
 ``
            (ii) an identifiable individual who is 
 the subject of an intimate digital forgery may 
 bring a civil action in an appropriate district 
 court of the United States for relief as set 
 forth in paragraph

    (3) against any person that 
 knowingly produced or possessed the intimate 
 digital forgery with intent to disclose it, 
 knowingly disclosed the intimate digital 
 forgery, or knowingly solicited and received 
 the intimate digital forgery, if--
 ``
            (I) the identifiable individual 
 did not consent to such production or 
 possession with intent to disclose, 
 disclosure, or solicitation and 
 receipt;
 ``
            (II) the person knew or 
 recklessly disregarded that the 
 identifiable individual did not consent 
 to such production or possession with 
 intent to disclose, disclosure, or 
 solicitation and receipt; and
 ``
            (III) such production or 
 possession with intent to disclose, 
 disclosure, or solicitation and 
 receipt, is in or affects interstate or 
 foreign commerce or uses any means or 
 facility of interstate or foreign 
 commerce; and
 ``
            (iii) an identifiable individual who is 
 the subject of an intimate digital forgery may 
 bring a civil action in an appropriate district 
 court of the United States for relief as set 
 forth in paragraph

    (3) against any person that 
 knowingly produced the intimate digital forgery 
 if--
 ``
            (I) the identifiable individual 
 did not consent to such production;
 ``
            (II) the person knew or 
 recklessly disregarded that the 
 identifiable individual--
 ``

    (aa) did not consent to 
 such production; and
 ``

    (bb) was harmed, or was 
 reasonably likely to be harmed, 
 by the production; and
 ``
            (III) such production is in or 
 affects interstate or foreign commerce 
 or uses any means or facility of 
 interstate or foreign commerce.''; and
        (B) in subparagraph
        (B) --
            (i) in the subparagraph heading, by 
 inserting ``identifiable'' before 
 ``individuals''; and
            (ii) by striking ``an individual who is 
 under 18 years of age, incompetent, 
 incapacitated, or deceased, the legal guardian 
 of the individual'' and inserting ``an 
 identifiable individual who is under 18 years 
 of age, incompetent, incapacitated, or 
 deceased, the legal guardian of the 
 identifiable individual'';

    (2) in paragraph

    (2) --
        (A) in subparagraph
        (A) --
            (i) by inserting ``identifiable'' before 
 ``individual'';
            (ii) by striking ``depiction'' and 
 inserting ``intimate visual depiction or 
 intimate digital forgery''; and
            (iii) by striking ``distribution'' and 
 inserting ``disclosure, solicitation, or 
 possession''; and
        (B) in subparagraph
        (B) --
            (i) by inserting ``identifiable'' before 
 ``individual'';
            (ii) by inserting ``or intimate digital 
 forgery'' after ``depiction'' each place it 
 appears; and
            (iii) by inserting ``, solicitation, or 
 possession'' after ``disclosure'';

    (3) by redesignating paragraph

    (4) as paragraph

    (5) ;

    (4) by striking paragraph

    (3) and inserting the following:
 ``

    (3) Relief.--
 ``
        (A) In general.--In a civil action filed under 
 this section, an identifiable individual may recover--
 ``
            (i) damages as provided under 
 subparagraph
            (C) ; and
 ``
            (ii) the cost of the action, including 
 reasonable attorney fees and other litigation 
 costs reasonably incurred.
 ``
        (B) Punitive damages and other relief.--The court 
 may, in addition to any other relief available at law, 
 award punitive damages or order equitable relief, 
 including a temporary restraining order, a preliminary 
 injunction, or a permanent injunction ordering the 
 defendant to delete, destroy, or cease to display or 
 disclose the intimate visual depiction or intimate 
 digital forgery.
 ``
            (C) Damages.--For purposes of subparagraph
        (A)
            (i) , the identifiable individual may recover--
 ``
            (i) liquidated damages in the amount of--
 ``
            (I) $150,000; or
 ``
            (II) $250,000 if the conduct at 
 issue in the claim was--
 ``

    (aa) committed in 
 relation to actual or attempted 
 sexual assault, stalking, or 
 harassment of the identifiable 
 individual by the defendant; or
 ``

    (bb) the direct and 
 proximate cause of actual or 
 attempted sexual assault, 
 stalking, or harassment of the 
 identifiable individual by any 
 person; or
 ``
            (ii) actual damages sustained by the 
 individual, which shall include any profits of 
 the defendant that are attributable to the 
 conduct at issue in the claim that are not 
 otherwise taken into account in computing the 
 actual damages.
 ``
            (D) Calculation of defendant's profit.--For 
 purposes of subparagraph
            (C) 
            (ii) , to establish the 
 defendant's profits, the identifiable individual shall 
 be required to present proof only of the gross revenue 
 of the defendant, and the defendant shall be required 
 to prove the deductible expenses of the defendant and 
 the elements of profit attributable to factors other 
 than the conduct at issue in the claim.
 ``

    (4) Preservation of privacy.--In a civil action filed 
 under this section, the court may issue an order to protect the 
 privacy of a plaintiff, including by--
 ``
        (A) permitting the plaintiff to use a pseudonym;
 ``
        (B) requiring the parties to redact the personal 
 identifying information of the plaintiff from any 
 public filing, or to file such documents under seal; 
 and
 ``
            (C) issuing a protective order for purposes of 
 discovery, which may include an order indicating that 
 any intimate visual depiction or intimate digital 
 forgery shall remain in the care, custody, and control 
 of the court.'';

    (5) in paragraph

    (5)
        (A) , as so redesignated--
        (A) by striking ``image'' and inserting ``visual 
 depiction or intimate digital forgery''; and
        (B) by striking ``depicted'' and inserting 
 ``identifiable''; and

    (6) by adding at the end the following:
 ``

    (6) Statute of limitations.--Any action commenced under 
 this section shall be barred unless the complaint is filed not 
 later than 10 years from the later of--
 ``
        (A) the date on which the identifiable individual 
 reasonably discovers the violation that forms the basis 
 for the claim; or
 ``
        (B) the date on which the identifiable individual 
 reaches 18 years of age.
 ``

    (7) Duplicative recovery barred.--No relief may be 
 ordered under paragraph

    (3) against a person who is subject to 
 a judgment under 

section 2255 of title 18, United States Code, 
 for the same conduct involving the same identifiable individual 
 and the same intimate visual depiction or intimate digital 
 forgery.''.
            (c) Continued Applicability of Federal, State, and Tribal Law.--

    (1) In general.--This Act shall not be construed to impair, 
 supersede, or limit a provision of Federal, State, or Tribal 
 law.

    (2) No preemption.--Nothing in this Act shall prohibit a 
 State or Tribal government from adopting and enforcing a 
 provision of law governing disclosure of intimate images or 
 nonconsensual activity involving an intimate digital forgery, 
 as defined in 

section 1309

    (a) of the Consolidated 
 Appropriations Act, 2022 (15 U.S.C. 6851

    (a) ), as amended by 
 this Act, that is at least as protective of the rights of a 
 victim as this Act.

SEC. 4. SEVERABILITY; RULE OF CONSTRUCTION.

    (a) Severability.--If any provision of this Act, an amendment made 
by this Act, or the application of such a provision or amendment to any 
person or circumstance, is held to be unconstitutional, the remaining 
provisions of and amendments made by this Act, and the application of 
the provision or amendment held to be unconstitutional to any other 
person or circumstance, shall not be affected thereby.

    (b) Rule of Construction.--Nothing in this Act, or an amendment 
made by this Act, shall be construed to limit or expand any law 
pertaining to intellectual property.
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