CONSENT Act
- Bill Number
- H.R. 9155
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-06-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-25T20:44:46Z
AI-Generated Summary
Purpose This legislation creates a federal private right of action to deter and provide remedies for the transmission of unsolicited intimate visual depictions, including deepfakes, without the recipient's consent.
Key Provisions
- Definitions: "Consent" requires affirmative, conscious, and voluntary authorization free from force or coercion. "Intimate visual depiction" incorporates existing statutory language and explicitly includes "intimate digital forgeries" created or altered via AI or other technological means that are indistinguishable from authentic images. "Transmit" covers direct sending to one or more individuals but excludes public posting.
- Civil cause of action: Individuals 18 or older (or their guardians if the recipient is a minor, incompetent, or incapacitated) may sue in federal district court if a sender knowingly transmits an intimate visual depiction in or affecting interstate or foreign commerce without consent, or recklessly disregards the lack of consent.
- Protections for minors: Plaintiffs who are minors at filing or at the time of the acts may use initials or pseudonyms in all court documents and proceedings.
- Exceptions: Actions are barred against transmissions made for good-faith medical, educational, or law enforcement purposes.
- Available relief: Statutory damages up to $1,000 or compensatory damages for emotional distress; reasonable attorney fees and costs; and injunctive relief ordering the defendant to stop sending such depictions to the plaintiff.
- Relation to other laws: The provision does not modify criminal laws, includes a First Amendment rule of construction, and contains a severability clause.
Significant Changes to Existing Law The bill introduces a new federal civil remedy for non-consensual direct transmission of intimate images or deepfakes, an area previously addressed primarily through state laws or existing federal criminal statutes on revenge pornography. It does not alter or preempt criminal provisions.
Potential Impacts
- Citizens: Provides a mechanism for recipients to seek monetary relief and court orders against unwanted transmissions, potentially reducing harm from unsolicited intimate content.
- Government agencies: No direct regulatory or enforcement role is assigned to federal agencies; the remedy is enforced through private civil litigation in federal courts.
- International relations: The interstate-or-foreign-commerce element may extend coverage to transmissions involving foreign parties when U.S. commerce is affected.
- Courts: Increases potential caseload for district courts handling these claims, with added procedural requirements for minor plaintiffs.
Main Stakeholders Affected
- Recipients of unsolicited intimate visual depictions (plaintiffs).
- Individuals or entities who transmit such depictions (defendants).
- Legal guardians acting on behalf of minors or incapacitated persons.
- Federal district courts responsible for adjudicating claims.
- Indirectly, technology platforms or services involved in transmission, though the bill focuses on the sender rather than intermediaries.
Notable Legal, Constitutional, or Political Implications The legislation explicitly preserves First Amendment protections through a rule of construction and maintains separation from criminal law. The inclusion of deepfakes expands coverage to AI-generated content. Severability ensures that any unconstitutional application does not invalidate the remainder of the statute.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McClellan, Jennifer L. [D-VA-4]
Cosponsors (1)
Rep. Moran, Nathaniel [R-TX-1]
Recent Actions
- 2026-06-04: Referred to the House Committee on the Judiciary.
- 2026-06-04: Introduced in House
- 2026-06-04: Introduced in House
Bill Versions
- Curbing Online Non-consensual Sexually Explicit Nudity Transfers Act — issued 2026-06-04 — PDF (6 pages)