[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2564 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2564
To amend title 18, United States Code, to prohibit the production or
distribution of digital forgeries of intimate visual depictions of
identifiable individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2025
Ms. Mace introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the production or
distribution of digital forgeries of intimate visual depictions of
identifiable individuals, 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 ``Protect Victims of Digital
Exploitation and Manipulation Act of 2025''.
SEC. 2. DIGITAL FORGERIES OF INTIMATE VISUAL DEPICTIONS.
(a) In General.--Chapter 88 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1802. Prohibition of production or distribution of digital
forgeries of intimate visual depictions of identifiable
individuals
``(a) Offense.--Except as provided in subsection (b), whoever, in
any circumstance described in subsection (c), acts with reckless
disregard to produce or distribute, or causes to be produced or
distributed, a digital forgery of an identifiable individual, without
the consent of the identifiable individual, shall be fined under this
title, imprisoned not more than 5 years, or both.
``(b) Exceptions.--
``(1) In general.--This section shall not apply with
respect to a distribution made in good faith--
``(A) to a law enforcement officer or agency;
``(B) as part of a legal proceeding;
``(C) as part of medical education, diagnosis, or
treatment; or
``(D) in the reporting or investigation of--
``(i) unlawful content; or
``(ii) unsolicited or unwelcome conduct.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to content
provided by another information content provider unless the
provider of the communications service recklessly distributes
content in violation of this section.
``(c) Circumstances Described.--For the purposes of subsection (a),
the circumstances described in this subsection are that the digital
forgery is produced or distributed using a means, channel, facility, or
instrumentality of interstate or foreign commerce or traveled in or
affected interstate or foreign commerce.
``(d) Extraterritorial Application.--This section applies if the
individual who has violated subsection (a) or the identifiable
individual who is a victim of the violation of subsection (a) is a
national of the United States (as such term is defined in section
101(a) of the Immigration and Nationality Act).
``(e) Definitions.--In this section:
``(1) Consent.--The term `consent' means an affirmative,
conscious, competent, and voluntary authorization made by the
individual free from force, fraud, misrepresentation, or
coercion, whether or not the individual is a public figure.
``(2) Digital forgery.--The term `digital forgery' means
any intimate visual depiction of an individual created through
the use of software, machine learning, artificial intelligence,
or any other computer-generated means, including by adapting,
modifying, manipulating, or altering an authentic visual
depiction, to appear to a reasonable person to be an authentic
visual depiction of the individual.
``(3) Identifiable individual.--The term `identifiable
individual' means an individual whose body appears in whole or
in part in an intimate visual 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 visual depiction.
``(4) Intimate visual depiction.--The term `intimate visual
depiction' means a visual depiction, as that term is defined in
section 2256(5), that depicts--
``(A) the uncovered genitals, pubic area, anus, or
female nipple of an identifiable individual;
``(B) the display or transfer of bodily sexual
fluids--
``(i) on to 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.
``(5) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given the term in
subparagraph (A) of section 2256(2).
``(6) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a
common carrier, as that term is defined in section 3 of
the Communications Act of 1934, insofar as the person
is acting as a common carrier;
``(B) an electronic communication service, as that
term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act of 1934;
and
``(D) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934.
``(7) Information content provider.--The term `information
content provider' has the meaning given such term in section
230(f) of the Communications Act of 1934.''.
(b) Clerical Amendment.--The table of sections for chapter 88 of
title 18, United States Code, is amended by adding at the end the
following:
``1802. Prohibition of production or distribution of digital forgeries
of intimate visual depictions of
identifiable individuals.''.
SEC. 3. SEVERABILITY.
The provisions of this Act, or an amendment made by this Act, shall
be severable. If any provision of this Act, or any application thereof,
is found unconstitutional, that finding shall not affect any provision
or application of the Act not so adjudicated.
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