H.R. 2564 — Protect Victims of Digital Exploitation and Manipulation Act of 2025

This section establishes a new criminal offense at 18 U.S.C. § 1802 prohibiting any person from recklessly producing or distributing—or causing the production or distribution of—a digital forgery (i.e., any intimate visual depiction created or altered using software, machine learning, artificial intelligence, or other computer-generated means) of an identifiable individual without that individual's consent, if done using a means or channel of interstate or foreign commerce. Violators are subject to a fine, imprisonment for not more than 5 years, or both, with extraterritorial application if the offender or victim is a U.S. national; exceptions apply to good-faith distributions (e.g., to law enforcement, in legal proceedings, for medical education or treatment, or in reporting unlawful content) and to communications service providers regarding third-party content unless the provider recklessly distributes it. The section defines key terms, including "consent" (affirmative, conscious, competent, and voluntary authorization free from force, fraud, misrepresentation, or coercion), "identifiable individual," "intimate visual depiction" (e.g., depictions of uncovered genitals or anus, sexually explicit conduct, or bodily sexual fluids involving the individual), and "sexually explicit conduct" (as defined in 18 U.S.C. § 2256(2)(A)).

This section declares the provisions of this Act, including amendments made by the Act, severable, such that if any provision or application is held unconstitutional, the remainder of the Act remains in effect.