H.R. 3562

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

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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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