Preventing Deepfakes of Intimate Images Act

Bill Number: H.R. 1941
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Crime and Law Enforcement
Status: Introduced
Latest Action: 2025-03-06: Referred to the House Committee on the Judiciary.
Last Updated: 2026-01-28T09:05:40Z

AI-Generated Summary

Purpose of the Legislation

The Preventing Deepfakes of Intimate Images Act aims to protect individuals from the non-consensual creation, disclosure, or threatened disclosure of digitally manipulated intimate images (often called "deepfakes"). It establishes civil and criminal penalties to address harms like harassment, emotional distress, and reputational damage caused by such content, particularly when shared online or across state lines.

Key Provisions

Definitions:
An "intimate digital depiction" is a realistic image or video created or altered using digital tools (e.g., AI) that shows an identifiable person's private body parts (genitals, pubic area, anus, or post-pubescent female nipple), sexual fluids, or sexually explicit acts (e.g., intercourse or masturbation).
"Depicted individual" refers to someone recognizable in the image by their face, likeness, or other features.
"Consent" must be explicit, written in simple language, and describe the content; agreeing to create the image does not imply consent to share it.
"Disclose" means sharing or distributing the content.

Civil Right of Action (amending the Violence Against Women Act Reauthorization Act of 2022):
Victims (or their guardians if minors, incapacitated, or deceased) can sue in federal court anyone who knowingly or recklessly shares such content without consent, if it involves interstate or foreign commerce (e.g., internet sharing).
Remedies include:
Monetary gain from the defendant.
Actual damages (e.g., for emotional distress) or liquidated damages of $150,000.
Punitive damages, attorney fees, and court costs.
Court orders to stop sharing (injunctions) and protect the victim's anonymity (e.g., using pseudonyms).
Proceedings can be held privately ("in camera") to safeguard privacy.

Exceptions to Civil Actions:
Disclosures in good faith to law enforcement for investigating crimes or harassment.
Use in legal proceedings.
Matters of legitimate public interest (but not just because the victim is a public figure).
Sharing intended to help the victim.

Defenses and Limitations:
Disclaimers (e.g., "this is not authorized") do not protect violators.
Online platforms (interactive computer services) are immune from liability if they act in good faith to remove or restrict such content or provide tools to do so.

Criminal Offense (adding to U.S. Code Title 18, Chapter 110):
It is a federal crime to disclose or threaten to disclose intimate digital depictions with intent to harass, threaten, or cause harm (physical, emotional, reputational, or financial), if it affects interstate or foreign commerce.
Penalties: Fine, up to 2 years in prison, or both; up to 10 years if the content could influence government proceedings (e.g., elections, foreign relations) or incite violence.
Same definitions, exceptions, disclaimers, and platform immunities apply as in the civil section.

Significant Changes to Existing Law

Adds a new civil section (1309A) to the Violence Against Women Act Reauthorization Act of 2022, expanding protections against technology-facilitated abuse beyond traditional non-consensual pornography to include AI-generated or manipulated deepfakes.
Inserts a new criminal statute (Section 2252D) into Chapter 110 of Title 18 U.S. Code (which covers sexual exploitation and child pornography), creating specific federal crimes for deepfake intimate images without relying on broader laws like those for extortion or harassment.
Introduces tailored consent rules and platform safe harbors, which were not explicitly addressed in prior laws focused on real (non-digital) intimate images.

Potential Impacts

On Citizens: Empowers individuals, especially women and public figures, to seek justice for privacy invasions via deepfakes, potentially reducing online harassment and revenge porn. It may deter sharing but could increase court caseloads for victims pursuing claims.
On Government Agencies: The Department of Justice gains new tools to prosecute cases, particularly those affecting elections or national security. Law enforcement must handle reports of such content, possibly straining resources for investigations.
On International Relations: By covering foreign commerce, it could affect global tech platforms and cross-border sharing, potentially influencing U.S. negotiations on digital privacy standards or AI ethics treaties. No direct impact on foreign governments, but it addresses threats to U.S. elections or diplomacy from manipulated content.

Main Stakeholders Affected

Victims/Depicted Individuals: Primarily those targeted by non-consensual deepfakes, including private citizens, celebrities, and minors, who gain legal recourse.
Perpetrators: Individuals or entities creating/sharing such content, facing civil suits and criminal charges.
Technology Companies and Platforms: Social media and hosting services benefit from liability protections if they moderate content, encouraging proactive removal of deepfakes.
Law Enforcement and Courts: Federal agencies (e.g., FBI) and judges handle enforcement and cases, with provisions for private proceedings.
Advocacy Groups: Organizations focused on women's rights, digital privacy, and anti-harassment (e.g., those involved in the Violence Against Women Act) may support or litigate under the law.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens federal oversight of emerging AI technologies by linking to existing child exploitation and violence-against-women frameworks, but relies on interstate commerce to establish jurisdiction (a common but tested basis for federal power). The law's focus on "reckless disregard" lowers the proof burden compared to some privacy torts.
Constitutional: Balances First Amendment free speech rights with privacy protections; exceptions for public interest avoid broad censorship but could spark challenges if applied inconsistently (e.g., to political deepfakes). Anonymity provisions align with due process for victims.
Political: Addresses rising concerns over AI misuse in misinformation and gender-based violence, potentially influencing election security by penalizing deepfakes that disrupt proceedings. As a bipartisan bill (introduced by Reps. Morelle and Kean), it signals cross-party consensus on tech regulation without overly burdening innovation.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Morelle, Joseph D. [D-NY-25]

Cosponsors (11)

Rep. Kean, Thomas H. [R-NJ-7], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Dingell, Debbie [D-MI-6], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. McIver, LaMonica [D-NJ-10], Rep. Mrvan, Frank J. [D-IN-1], Rep. Magaziner, Seth [D-RI-2], Rep. Gottheimer, Josh [D-NJ-5], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Courtney, Joe [D-CT-2], Rep. Dean, Madeleine [D-PA-4]

Recent Actions

2025-03-06: Referred to the House Committee on the Judiciary.
2025-03-06: Introduced in House
2025-03-06: Introduced in House

Bill Versions

Preventing Deepfakes of Intimate Images Act — issued 2025-03-06 — PDF (11 pages)