The proposed legislation, known as the Protection from Intimate Deep Fakes Act, aims to establish civil liability and criminal penalties for the nonconsensual creation or dissemination of deep fake sexual images. It defines "deep fake" as a realistic technological representation that misrepresents an individual's speech or conduct, and outlines the rights of depicted individuals to take legal action against those who create or distribute such content without consent. The bill specifies that a civil action can be initiated if the creator knew or should have known that their actions would cause harm, and if the deep fake depicts the individual's intimate parts or sexual acts. The act also allows for confidential filings to protect the privacy of plaintiffs and provides for various damages, including economic losses and mental anguish.

In addition to civil liabilities, the bill establishes criminal penalties for individuals who intentionally create or disseminate deep fakes under certain conditions, with misdemeanors punishable by up to one year in prison and fines, while more severe violations could lead to felony charges with longer prison sentences and higher fines. The legislation includes specific defenses against liability, such as lawful purposes related to criminal investigations or public interest reporting. Furthermore, it clarifies that certain entities, like telecommunications providers, are not liable for the transmission of deep fakes created by others. The act is designed to take immediate effect upon approval.