H.R. 3562

119th CONGRESS 1st Session

To improve rights to relief for individuals affected by non-consensual activities involving intimate digital forgeries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · May 21, 2025 · Sponsor: Ms. Ocasio-Cortez · Committee: Committee on the Judiciary

Table of contents

• H.R. 3562
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Civil action relating to disclosure of intimate images
  • SEC. 4. Severability; rule of construction

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Findings

• Congress finds the following:
  • Digital forgeries, often called deepfakes, are synthetic images and videos that look realistic. The technology to create digital forgeries is now ubiquitous and easy to use. Hundreds of apps are available that can quickly generate digital forgeries without the need for any technical expertise.
  • Digital forgeries can be wholly fictitious but can also manipulate images of real people to depict sexually intimate conduct that did not occur. For example, some digital forgeries will paste the face of an individual onto the body of a real or fictitious individual who is nude or who is engaging in sexual activity. Another example is a photograph of an individual that is manipulated to digitally remove the clothing of the individual so that the person appears to be nude.
  • The individuals depicted in such digital forgeries are profoundly harmed when the content is produced with intent to disclose, disclosed, or obtained without the consent of those individuals. These harms are not mitigated through labels or other information that indicates that the depiction is fake.
  • It can be destabilizing to victims whenever those victims are depicted in intimate digital forgeries against their will, as the privacy of those victims is violated and the victims lose control over their likeness and identity.
  • Victims can feel helpless because the victims—
    • may not be able to determine who has created the content; and
    • do not know how to prevent further disclosure of the intimate digital forgery or how to prevent more forgeries from being made.
  • Victims may be fearful of being in public out of concern that individuals the victims encounter have seen the digital forgeries. This leads to social rupture through the loss of the ability to trust, stigmatization, and isolation.
  • Victims of non-consensual, sexually intimate digital forgeries may experience depression, anxiety, and suicidal ideation. These victims may also experience the in which the victims withdraw from online spaces and public discourse to avoid further abuse. silencing effect
  • Digital forgeries are often used to—
    • harass victims, interfering with their employment, education, reputation, or sense of safety; or
    • commit extortion, sexual assault, domestic violence, and other crimes.
  • Because of the harms caused by non-consensual, sexually intimate digital forgeries, such digital forgeries are considered to be a form of image-based sexual abuse.

SEC. 3. Civil action relating to disclosure of intimate images

• (a) Definitions
  • Section 1309 of the Consolidated Appropriations Act, 2022 () is amended— 15 U.S.C. 6851
    • in the section heading, by inserting after ; and
    • in subsection (a)—
• (b) Civil action
  • Section 1309(b) of the Consolidated Appropriations Act, 2022 () is amended— 15 U.S.C. 6851(b)
    • in paragraph (1)—
      • (A) In general
        • Except as provided in paragraph (5)—
          • (i) an identifiable individual whose intimate visual depiction 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 identifiable individual, where such disclosure was made by a person who knows or recklessly disregards that the identifiable 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 paragraph (3);
          • (ii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced or possessed the intimate digital forgery with intent to disclose it, knowingly disclosed the intimate digital forgery, or knowingly solicited and received the intimate digital forgery, if—
          • the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt;
          • the person knew or recklessly disregarded that the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt; and
          • such production or possession with intent to disclose, disclosure, or solicitation and receipt, is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce; and
          • (iii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced the intimate digital forgery if—
          • the identifiable individual did not consent to such production;
          • the person knew or recklessly disregarded that the identifiable individual—
          • did not consent to such production; and
          • was harmed, or was reasonably likely to be harmed, by the production; and
          • such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce.
      • by striking subparagraph (A) and inserting the following:
      • in subparagraph (B)—
        • (i) in the subparagraph heading, by inserting before ; and
        • (ii) by striking an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individualand inserting an identifiable individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the identifiable individual;
    • in paragraph (2)—
      • in subparagraph (A)—
        • (i) by inserting before ;
        • (ii) by striking depictionand inserting intimate visual depiction or intimate digital forgery; and
        • (iii) by striking distributionand inserting disclosure, solicitation, or possession; and
      • in subparagraph (B)—
        • (i) by inserting before ;
        • (ii) by inserting after each place it appears; and
        • (iii) by inserting after ;
    • by redesignating paragraph (4) as paragraph (5);
      • (3) Relief
        • (A) In general
          • In a civil action filed under this section, an identifiable individual may recover—
            • (i) damages as provided under subparagraph (C); and
            • (ii) the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.
        • (B) Punitive damages and other relief
          • The court may, in addition to any other relief available at law, award punitive damages or order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to delete, destroy, or cease to display or disclose the intimate visual depiction or intimate digital forgery.
        • (C) Damages
          • For purposes of subparagraph (A)(i), the identifiable individual may recover—
            • (i) liquidated damages in the amount of—
            • $150,000; or
            • $250,000 if the conduct at issue in the claim was—
            • committed in relation to actual or attempted sexual assault, stalking, or harassment of the identifiable individual by the defendant; or
            • the direct and proximate cause of actual or attempted sexual assault, stalking, or harassment of the identifiable individual by any person; or
            • (ii) actual damages sustained by the individual, which shall include any profits of the defendant that are attributable to the conduct at issue in the claim that are not otherwise taken into account in computing the actual damages.
        • (D) Calculation of defendant’s profit
          • For purposes of subparagraph (C)(ii), to establish the defendant’s profits, the identifiable individual shall be required to present proof only of the gross revenue of the defendant, and the defendant shall be required to prove the deductible expenses of the defendant and the elements of profit attributable to factors other than the conduct at issue in the claim.
      • (4) Preservation of privacy
        • In a civil action filed under this section, the court may issue an order to protect the privacy of a plaintiff, including by—
          • permitting the plaintiff to use a pseudonym;
          • requiring the parties to redact the personal identifying information of the plaintiff from any public filing, or to file such documents under seal; and
          • issuing a protective order for purposes of discovery, which may include an order indicating that any intimate visual depiction or intimate digital forgery shall remain in the care, custody, and control of the court.
    • by striking paragraph (3) and inserting the following:
    • in paragraph (5)(A), as so redesignated—
      • by striking imageand inserting visual depiction or intimate digital forgery; and
      • by striking depictedand inserting identifiable; and
      • (6) Statute of limitations
        • Any action commenced under this section shall be barred unless the complaint is filed not later than 10 years from the later of—
          • the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim; or
          • the date on which the identifiable individual reaches 18 years of age.
      • (7) Duplicative recovery barred
        • No relief may be ordered under paragraph (3) against a person who is subject to a judgment under section 2255 of title 18, United States Code, for the same conduct involving the same identifiable individual and the same intimate visual depiction or intimate digital forgery.
    • by adding at the end the following:
• (c) Continued applicability of Federal, State, and Tribal law
  • (1) In general
    • This Act shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law.
  • (2) No preemption
    • Nothing in this Act shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing disclosure of intimate images or nonconsensual activity involving an intimate digital forgery, as defined in section 1309(a) of the Consolidated Appropriations Act, 2022 (), as amended by this Act, that is at least as protective of the rights of a victim as this Act. 15 U.S.C. 6851(a)

SEC. 4. Severability; rule of construction

• (a) Severability
  • If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this Act, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.
• (b) Rule of construction
  • Nothing in this Act, or an amendment made by this Act, shall be construed to limit or expand any law pertaining to intellectual property.