Federal law targets deepfake intimate images with civil and criminal penalties

What it does

This bill creates civil and criminal penalties for non-consensual disclosure of deepfake intimate images—sexually explicit digital depictions of real people created or altered without consent. Victims can sue for damages up to $150,000, actual damages, punitive damages, and attorney fees; the bill also criminalizes such disclosure with up to 2 years imprisonment (10 years if the deepfake could affect government proceedings or incite violence). Platforms are shielded from liability for good-faith removal efforts.

Why we flagged it

The bill's operative mechanism is a civil right of action and criminal offense targeting non-consensual intimate image abuse. It is functionally a victim-protection statute, not a regulatory or commercial measure.

What the text implies

• The bill's definition of 'intimate digital depiction' requires digital manipulation or creation—it does not cover non-consensual disclosure of authentic intimate images (revenge porn), which remains governed by state law. This creates a gap: deepfakes are federally protected, but authentic intimate images shared without consent may not be.
• The 'matter of legitimate public concern' exception is broad and undefined. Courts will need to develop case law on whether disclosure of a public figure's deepfake intimate image qualifies as protected speech, potentially creating litigation risk for victims.

The full analysis lists 4 implications of this text.

Who it affects

The bill creates a direct legal remedy and criminal deterrent against a form of sexual abuse that causes documented psychological and reputational harm to victims, with no offsetting cost to ordinary citizens. The platform liability shield is narrow and applies only to good-faith moderation, not to negligence or complicity.