Preventing Deepfakes of Intimate Images Act
Sponsored By: Representative Morelle
Introduced
Summary
Creates civil and criminal accountability for nonconsensual intimate digital depictions. It defines clear written-consent rules, outlines damages and injunctive relief, lists exemptions, and adds a federal crime and platform immunities to address deepfakes and manipulated intimate images.
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- Victims: Gives people harmed by interstate or foreign disclosure of intimate digital depictions a federal civil cause of action. Remedies include injunctions, actual damages (including emotional distress), recovery of a defendant's profits, punitive damages, costs, and a $150,000 liquidated damages amount.
- Platforms and intermediaries: Provides immunity for interactive computer service providers that voluntarily restrict access or provide tools to limit access. The bill also enumerates exemptions for law enforcement, court-authorized in-camera proceedings, and certain public-interest or assistive disclosures.
- Criminal accountability: Adds 18 U.S.C. §2252D to criminalize disclosure or threatened disclosure of intimate digital depictions with intent to harass or knowledge it will cause substantial harm. Penalties can be up to 2 years in prison and up to 10 years in specified aggravating contexts.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Sue over intimate deepfake sharing
You would be able to sue in federal court if someone shares an intimate digital image of you without your consent, in or affecting interstate or foreign commerce. It would apply when the sharer knew or recklessly ignored that you did not consent. You could recover their profits, your actual damages (including emotional distress), or choose $150,000 in liquidated damages. Courts could also award punitive damages, attorney’s fees, and order quick takedowns or other injunctions; you could ask to proceed under a pseudonym. Consent would need to be a plain‑language, signed writing describing the image (and any video). There would be narrow exceptions for good‑faith law enforcement or legal cases, some public‑interest matters, and disclosures meant to help you.
Federal crime for intimate deepfakes
It would be a federal crime to share or threaten to share an intimate digital image to harass or cause harm. The basic penalty would be a fine and up to 2 years in prison. If the conduct could affect government proceedings or enable violence, the maximum would rise to 10 years. The offense would apply only when the act is in or affects interstate or foreign commerce. It would cover intent to harass, or knowing or reckless risk of harm.
Clear definitions and consent for deepfakes
This bill would set clear definitions for intimate digital depictions and who counts as an identifiable person. It would cover realistic, digitally made or altered images that show nudity, sexual fluids, or sexual acts, using existing federal definitions for key terms. "Digital depiction" and "sexually explicit conduct" would follow 18 U.S.C. 2256. A disclaimer saying the image is fake or unauthorized would not be a defense in civil or criminal cases under the bill.
Platforms protected for good-faith takedowns
Online platforms would not be liable under this bill for removing intimate deepfake images in good faith. They would also be protected when they provide tools that let others block or remove the images. This could encourage faster takedowns while limiting legal risk for platforms.
Sponsors & CoSponsors
Sponsor
Morelle
NY • D
Cosponsors
Kean
NJ • R
Sponsored 3/6/2025
Fitzpatrick
PA • R
Sponsored 3/11/2025
Dingell
MI • D
Sponsored 3/11/2025
Langworthy
NY • R
Sponsored 3/27/2025
McIver
NJ • D
Sponsored 3/27/2025
Mrvan
IN • D
Sponsored 5/15/2025
Magaziner
RI • D
Sponsored 8/26/2025
Gottheimer
NJ • D
Sponsored 8/26/2025
Kennedy (NY)
NY • D
Sponsored 12/18/2025
Courtney
CT • D
Sponsored 1/13/2026
Dean (PA)
PA • D
Sponsored 1/27/2026
Roll Call Votes
No roll call votes available for this bill.
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