Preventing Deepfakes of Intimate Images Act
This bill makes it a crime to intentionally disclose (or threaten to disclose) a digital depiction that has been altered using digital manipulation of an individual engaging in sexually explicit conduct.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3106
To prohibit the disclosure of intimate digital depictions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2023
Mr. Morelle (for himself and Ms. Ross) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the disclosure of intimate digital depictions, 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 ``Preventing Deepfakes of Intimate
Images Act''.
SEC. 2. INTIMATE DIGITAL DEPICTIONS.
The Violence Against Women Act Reauthorization Act of 2022 is
amended by inserting after section 1309 the following:
``SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS.
``(a) Definitions.--In this section:
``(1) Consent.--The term `consent' has the meaning given
such term in section 1309.
``(2) Depicted individual.--The term `depicted individual'
means an individual who, as a result of digitization or by
means of digital manipulation, appears in whole or in part in
an intimate digital depiction and who is identifiable by virtue
of the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature, or from information displayed in
connection with the digital depiction.
``(3) Digital depiction.--The term `digital depiction'
means a realistic visual depiction, as that term is defined in
section 2256(5) of title 18, United States Code, of an
individual that has been created or altered using digital
manipulation.
``(4) Disclose.--The term `disclose' has the meaning given
such term in section 1309.
``(5) Intimate digital depiction.--The term `intimate
digital depiction' means a digital depiction of an individual
that has been created or altered using digital manipulation and
that depicts--
``(A) the uncovered genitals, pubic area, anus, or
postpubescent female nipple of an identifiable
individual;
``(B) the display or transfer of bodily sexual
fluids--
``(i) onto any part of the body of an
identifiable individual; or
``(ii) from the body of an identifiable
individual; or
``(C) an identifiable individual engaging in
sexually explicit conduct.
``(6) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given the term in
subparagraphs (A) and (B) of section 2256(2) of title 18,
United States Code.
``(b) Right of Action.--
``(1) In general.--Except as provided in subsection (e), an
individual who is the subject of an intimate digital depiction
that 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 individual, where
such disclosure was made by a person who knows that, or
recklessly disregards whether, the 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 subsection (d).
``(2) Rights on behalf of certain individuals.--In the case
of an individual who have not attained 18 years of age or are
incompetent, incapacitated, or deceased, the legal guardian of
the individual or representative of the individual's estate,
another family member, or any other person appointed as
suitable by the court, may assume the individual's rights under
this section, but in no event shall the defendant be named as
such representative or guardian.
``(c) Consent.--For purposes of an action under subsection (b)--
``(1) an individual's consent to the creation of the
intimate digital depiction shall not establish that the person
consented to its disclosure; and
``(2) consent shall be deemed validly given only if--
``(A) it is set forth in an agreement written in
plain language signed knowingly and voluntarily by the
depicted individual; and
``(B) it includes a general description of the
intimate digital depiction and, if applicable, the
audiovisual work into which it will be incorporated.
``(d) Relief.--
``(1) In general.--
``(A) Damages.--In a civil action filed under this
section, an individual may recover any of the
following:
``(i) An amount equal to the monetary gain
made by the defendant from the creation,
development, or disclosure of the intimate
digital depiction.
``(ii) Either of the following:
``(I) The actual damages sustained
by the individual as a result of the
intimate digital depiction, including
damages for emotional distress.
``(II) Liquidated damages in the
amount of $150,000.
``(iii) Punitive damages.
``(iv) The cost of the action, including
reasonable attorney's fees and other litigation
costs reasonably incurred.
``(B) Equitable relief.--In a civil action filed
under this section, a court may, in addition to any
other relief available at law, order equitable relief,
including a temporary restraining order, a preliminary
injunction, or a permanent injunction ordering the
defendant to cease display or disclosure of the
intimate digital depiction.
``(2) Preservation of anonymity.--In ordering relief under
this subsection, the court may grant injunctive relief
maintaining the confidentiality of a plaintiff using a
pseudonym.
``(e) Exceptions.--An identifiable individual may not bring an
action for relief under this section relating to--
``(1) a disclosure made in good faith--
``(A) to or by a law enforcement officer or agency
in the course of reporting or investigating--
``(i) unlawful activity; or
``(ii) unsolicited or unwelcome conduct; or
``(B) as part of a legal proceeding;
``(2) a matter of legitimate public concern or public
interest, except that it shall not be considered a matter of
legitimate public interest or public concern solely because the
depicted individual is a public figure; or
``(3) a disclosure reasonably intended to assist the
identifiable individual.
``(f) In Camera.--A court may authorize an in camera proceeding
under this section.
``(g) Disclaimers.--It shall not be a defense to an action under
this section that there is a disclaimer stating that the intimate
digital depiction of the depicted individual was unauthorized or that
the depicted individual did not participate in the creation or
development of the material.
``(h) Limitations.--For purposes of this section, a provider of an
interactive computer service shall not be held liable on account of--
``(1) any action voluntarily taken in good faith to
restrict access to or availability of intimate digital
depictions; or
``(2) any action taken to enable or make available to
information content providers or other persons the technical
means to restrict access to intimate digital depictions.''.
SEC. 3. CRIMINAL ACTION.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2252C the following:
``Sec. 2252D. Intimate digital depictions
``(a) Offense.--Whoever, in or affecting interstate or foreign
commerce, discloses or threatens to disclose an intimate digital
depiction--
``(1) with the intent to harass, annoy, threaten, alarm, or
cause substantial harm to the finances or reputation of the
depicted individual; or
``(2) with actual knowledge that, or reckless disregard for
whether, such disclosure or threatened disclosure will cause
physical, emotional, reputational, or economic harm to the
depicted individual,
shall be punished as provided under subsection (b).
``(b) Penalty.--Any person who commits an offense under subsection
(a) shall be--
``(1) fined under this title, imprisoned for not more than
2 years, or both; or
``(2) fined under this title, imprisoned for not more than
10 years, or both, in the case of a violation in which the
creation, reproduction, or distribution of the intimate digital
depiction could be reasonably expected to--
``(A) affect the conduct of any administrative,
legislative, or judicial proceeding of a Federal,
State, local, or Tribal government agency, including
the administration of an election or the conduct of
foreign relations; or
``(B) facilitate violence.
``(c) Disclaimers.--It shall not be a defense to an action under
this section that there is a disclaimer stating that the intimate
digital depiction of the depicted individual was unauthorized or that
the depicted individual did not participate in the creation or
development of the material.
``(d) Limitations.--For purposes of this section, a provider of an
interactive computer service shall not be held liable on account of--
``(1) any action voluntarily taken in good faith to
restrict access to or availability of intimate digital
depictions; or
``(2) any action taken to enable or make available to
information content providers or other persons the technical
means to restrict access to intimate digital depictions.
``(e) Definitions.--In this section:
``(1) Consent.--The term `consent' has the meaning given
such term in section 1309 of the Violence Against Women Act
Reauthorization Act of 2022.
``(2) Depicted individual.--The term `depicted individual'
means an individual who, as a result of digitization or by
means of digital manipulation, appears in whole or in part in
an intimate digital depiction and who is identifiable by virtue
of the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature, or from information displayed in
connection with the digital depiction.
``(3) Digital depiction.--The term `digital depiction'
means a realistic visual depiction, as that term is defined in
section 2256(5), of an individual that has been created or
altered using digital manipulation.
``(4) Disclose.--The term `disclose' has the meaning given
such term in section 1309 of the Violence Against Women Act
Reauthorization Act of 2022.
``(5) Intimate digital depiction.--The term `intimate
digital depiction' means a digital depiction of an individual
that has been created or altered using digital manipulation and
that depicts--
``(A) the uncovered genitals, pubic area, anus, or
postpubescent female nipple of an identifiable
individual;
``(B) the display or transfer of bodily sexual
fluids--
``(i) onto any part of the body of an
identifiable individual; or
``(ii) from the body of an identifiable
individual; or
``(C) an identifiable individual engaging in
sexually explicit conduct.
``(6) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given the term in
subparagraphs (A) and (B) of section 2256(2).''.
(b) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code is amended by inserting after the item
relating to section 2252C the following new item:
``2252D. Intimate digital depictions.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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