H.R. 1941 — Preventing Deepfakes of Intimate Images Act

This section establishes a federal civil right of action for an identifiable individual whose intimate digital depiction—i.e., a digitally created or altered realistic visual depiction showing the individual's uncovered genitals, pubic area, anus, post-pubescent female nipple, sexual fluids, or sexually explicit conduct—is disclosed without consent in or affecting interstate commerce by a person who knows or recklessly disregards the lack of consent. Consent requires a plain-language signed agreement specifically describing the depiction and does not extend from creation to disclosure; guardians or court-appointed representatives may sue on behalf of minors, incompetents, incapacitated persons, or decedents. Successful plaintiffs may recover the defendant's monetary gains, actual damages (including emotional distress) or $150,000 in liquidated damages, punitive damages, attorney fees, and litigation costs, plus equitable relief such as injunctions; courts may preserve plaintiff anonymity, hold in camera proceedings, and disregard disclaimers. Exceptions apply to good-faith disclosures to law enforcement, in legal proceedings, for legitimate public concern, or to assist the individual; interactive computer services are not liable for good-faith content restrictions.

This section establishes a new criminal offense at 18 U.S.C. §2252D prohibiting the disclosure or threat of disclosure of an intimate digital depiction—i.e., a digitally manipulated realistic visual depiction of an identifiable individual showing uncovered genitals, pubic area, anus, post-pubescent female nipple, sexual fluids, or sexually explicit conduct—in or affecting interstate or foreign commerce, if done with intent to harass, annoy, threaten, alarm, or cause substantial financial or reputational harm, or with actual knowledge or reckless disregard that it will cause physical, emotional, reputational, or economic harm. Violators face fines, imprisonment for up to 2 years, or both; the penalty increases to fines and up to 10 years imprisonment if the depiction could reasonably affect federal, state, local, or tribal government proceedings (including elections or foreign relations) or facilitate violence. The section specifies that disclaimers of authorization are not a defense; provides safe harbors for interactive computer services that restrict access to such depictions in good faith; and defines key terms by cross-reference to existing law (e.g., consent and disclose from the Violence Against Women Act Reauthorization Act of 2022).