CONSENT Act
Sponsored By: Representative McClellan, Jennifer L. [D-VA-4]
Introduced
Summary
A private federal civil cause of action would let people sue when intimate visual images are sent to them without their consent. It also covers AI-made intimate forgeries and lays out damages, attorney fees, and court orders.
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- Adults who receive an intimate visual depiction without consent could sue senders who knowingly or recklessly transmit such images across state or international lines.
- Parents or legal guardians can sue on behalf of recipients under 18 or individuals who are incompetent or incapacitated, and plaintiffs representing minors may use initials or a pseudonym in court filings.
- Relief includes up to $1,000 in statutory damages or compensatory damages for emotional distress, plus reasonable attorney fees and temporary, preliminary, or permanent injunctions.
- The bill defines "intimate digital forgery" to include AI or other altered images that a reasonable person would find indistinguishable from authentic images, and defines "transmit" as sending directly to one or more individuals, not publishing.
- Exceptions cover good faith medical, educational, or law enforcement purposes, and the measure preserves criminal law and First Amendment protections.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Defines consent and deepfake images
If enacted, the bill would define key terms for the private right of action. "Consent" would mean an affirmative, conscious, and voluntary yes free from force, fraud, duress, misrepresentation, or coercion. It would add "intimate digital forgery" to cover AI- or software-made intimate images that falsely represent someone and look real to a reasonable person. The bill would also define "transmit" as sending a depiction directly to one or more people and would not treat publishing as a "transmit."
New private right to sue for images
If enacted, you would be able to sue someone who knowingly sends you an intimate image without your consent. A successful plaintiff could get up to $1,000 in statutory damages or money for emotional distress, plus court-ordered attorney fees and an injunction to stop more sends. A guardian could sue for a minor, incompetent, or incapacitated person, and minor plaintiffs could use initials or a pseudonym in filings. The bill would also bar suits for transmissions made for good-faith medical, educational, or law enforcement purposes.
Legal limits, free-speech, and severability
If enacted, the bill would tell courts to interpret the private remedy so it does not abridge First Amendment rights. It would also say the new civil cause of action does not replace or limit any criminal laws. Finally, the bill would include a severability rule so that if one part is found unconstitutional, the rest could still stand.
Sponsors & CoSponsors
Sponsor
McClellan, Jennifer L. [D-VA-4]
VA • D
Cosponsors
Rep. Moran, Nathaniel [R-TX-1]
TX • R
Sponsored 6/4/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov