II 

118TH CONGRESS 

2D SESSION S. 4409 

To prohibit the disclosure of intimate digital depictions, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2024 

Ms. HASSAN (for herself, Mr. CORNYN, Ms. BUTLER, and Mr. KING) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit the disclosure of intimate digital depictions, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Deepfakes 

5 of Intimate Images Act’’. 

6 SEC. 2. CIVIL ACTION RELATING TO DISCLOSURE OF INTI7 MATE DIGITAL DEPICTIONS. 

8 Section 1309 of the Violence Against Women Act Re9 authorization Act of 2022 (15 U.S.C. 6851) is amended— 


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1 (1) in the heading, by striking ‘‘IMAGES’’ and 

2 inserting ‘‘DEPICTIONS’’; 

3 (2) in subsection (a)— 

4 (A) by redesignating paragraphs (2), (3), 

5 (4), (5), and (6) as paragraphs (3), (5), (6), 

6 (9), and (10), respectively; 

7 (B) by inserting after paragraph (1) the 

8 following: 

9 ‘‘(2) COMMUNICATIONS SERVICE.—The term 

10 ‘communications service’ means— 

11 ‘‘(A) a service provided by a person that is 

12 a common carrier, as that term is defined in 

13 section 3 of the Communications Act of 1934 

14 (47 U.S.C. 153), insofar as the person is acting 

15 as a common carrier; 

16 ‘‘(B) an electronic communication service, 

17 as that term is defined in section 2510 of title 

18 18, United States Code; 

19 ‘‘(C) an information service, as that term 

20 is defined in section 3 of the Communications 

21 Act of 1934 (47 U.S.C. 153); and 

22 ‘‘(D) an interactive computer service, as 

23 that term is defined in section 230(f) of the 

24 Communications Act of 1934 (47 U.S.C. 

25 230(f)).’’; 


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1 (C) by inserting after paragraph (3), as so 

2 redesignated, the following: 

3 ‘‘(4) COVERED INTIMATE DEPICTION.—The 

4 term ‘covered intimate depiction’ means an intimate 

5 visual depiction or an intimate digital depiction.’’; 

6 (D) in paragraph (5), as so redesignated— 

7 (i) by striking ‘‘means’’ and inserting 

8 the following— 

9 ‘‘(A) with respect to an intimate visual de10 piction, means’’; 

11 (ii) by striking ‘‘in an intimate visual 

12 depiction’’ and inserting ‘‘in the intimate 

13 visual depiction’’; 

14 (iii) by striking ‘‘the visual depiction’’ 

15 and inserting ‘‘the intimate visual depic16 tion’’; 

17 (iv) by striking the period at the end 

18 and inserting ‘‘; and’’; and 

19 (v) by adding at the end the following: 

20 ‘‘(B) with respect to an intimate digital de21 piction, means an individual who, as a result of 

22 digitization or by means of digital manipulation, 

23 appears in whole or in part in the intimate dig24 ital depiction and who is identifiable by virtue 

25 of the individual’s face, likeness, or other distinVerDate Sep 11 2014 18:59 Jul 11, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4409.IS S4409

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1 guishing characteristic, such as a unique birth2 mark or other recognizable feature, or from in3 formation displayed in connection with the inti4 mate digital depiction.’’; 

5 (E) by inserting after paragraph (6), as so 

6 redesignated, the following: 

7 ‘‘(7) INFORMATION CONTENT PROVIDER.—The 

8 term ‘information content provider’ has the meaning 

9 given the term in section 230 of the Communica10 tions Act of 1934 (47 U.S.C. 230). 

11 ‘‘(8) INTIMATE DIGITAL DEPICTION.—The term 

12 ‘intimate digital depiction’ means a realistic visual 

13 depiction, as that term is defined in section 2256(5) 

14 of title 18, United States Code, of an individual that 

15 has been created or altered using digitization or dig16 ital manipulation and that depicts— 

17 ‘‘(A) the uncovered genitals, pubic area, 

18 anus, or postpubescent female nipple of an 

19 identifiable individual; 

20 ‘‘(B) the display or transfer of bodily sex21 ual fluids— 

22 ‘‘(i) onto any part of the body of an 

23 identifiable individual; or 

24 ‘‘(ii) from the body of an identifiable 

25 individual; or 


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1 ‘‘(C) an identifiable individual engaging in 

2 sexually explicit conduct.’’; and 

3 (F) in paragraph (9), as so redesignated— 

4 (i) in subparagraph (A)— 

5 (I) in clause (i), by striking ‘‘or’’ 

6 at the end; 

7 (II) in clause (ii)(I), by adding 

8 ‘‘or’’ at the end; 

9 (III) by redesignating subclause 

10 (III) of clause (ii) as clause (iii) and 

11 adjusting the margin accordingly; and 

12 (IV) in clause (iii), as so redesig13 nated, by striking ‘‘conduct and’’ and 

14 inserting ‘‘conduct; and’’; and 

15 (ii) in subparagraph (B)(ii), by insert16 ing ‘‘give’’ before ‘‘consent’’; and 

17 (3) in subsection (b)— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A)— 

20 (I) by inserting after ‘‘whose inti21 mate visual depiction is disclosed,’’ 

22 the following: ‘‘or who is the subject 

23 of an intimate digital depiction that is 

24 disclosed,’’; and 


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1 (II) by striking ‘‘consented’’ and 

2 inserting ‘‘given consent’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘an individual’’ 

5 and inserting ‘‘a depicted individual’’; 

6 (II) by striking ‘‘the individual’’ 

7 and inserting ‘‘the depicted indi8 vidual’’; 

9 (III) by striking ‘‘identifiable in10 dividual’s’’ and inserting ‘‘depicted in11 dividual’s’’; and 

12 (IV) by striking ‘‘identifiable in13 dividual’s’ ’’ and inserting ‘‘depicted 

14 individual’s’’; 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘consented’’ each 

18 place it appears and inserting ‘‘gave 

19 consent’’; 

20 (II) by inserting ‘‘covered inti21 mate’’ before ‘‘depiction’’; and 

22 (III) by striking ‘‘distribution; 

23 and’’ and inserting ‘‘disclosure;’’; 

24 (ii) by redesignating subparagraph 

25 (B) as subparagraph (C); 


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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) consent shall be deemed validly given 

4 only if it is set forth in an agreement that— 

5 ‘‘(i) is written in plain language 

6 signed knowingly and voluntarily by the 

7 depicted individual; and 

8 ‘‘(ii) includes a general description of 

9 the covered intimate depiction and, if ap10 plicable, the audiovisual work into which it 

11 will be incorporated; and’’; and 

12 (iv) in subparagraph (C), as so redes13 ignated— 

14 (I) by striking ‘‘intimate visual’’ 

15 each place it appears and inserting 

16 ‘‘covered intimate’’; and 

17 (II) by striking ‘‘person con18 sented’’ and inserting ‘‘individual gave 

19 consent’’; 

20 (C) in paragraph (3)(A)— 

21 (i) by striking clause (i) and inserting 

22 the following: 

23 ‘‘(i) an individual may recover— 

24 ‘‘(I) an amount equal to the 

25 monetary gain made by the defendant 


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1 from the disclosure of the covered in2 timate depiction; 

3 ‘‘(II) either— 

4 ‘‘(aa) the actual damages 

5 sustained by the individual as a 

6 result of the disclosure of the 

7 covered intimate depiction, in8 cluding damages for emotional 

9 distress; or 

10 ‘‘(bb) liquidated damages in 

11 the amount of $150,000; 

12 ‘‘(III) punitive damages; and 

13 ‘‘(IV) the cost of the action, in14 cluding reasonable attorney fees and 

15 other litigation costs reasonably in16 curred; and’’; and 

17 (ii) in clause (ii), by striking ‘‘visual’’; 

18 (D) in paragraph (4)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘An identifiable in21 dividual’’ and inserting ‘‘A depicted indi22 vidual’’; 

23 (ii) in subparagraph (A), by striking 

24 ‘‘an intimate image’’ and inserting ‘‘a cov25 ered intimate depiction’’; 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘public concern or public interest’’ and in3 serting ‘‘legitimate public concern or public 

4 interest, except that it shall not be consid5 ered a matter of legitimate public interest 

6 or public concern solely because the de7 picted individual is a public figure’’; and 

8 (iv) in subparagraph (D), by striking 

9 ‘‘identifiable individual’’ and inserting ‘‘de10 picted individual’’; and 

11 (E) by adding at the end the following: 

12 ‘‘(5) IN CAMERA.—A court may authorize an in 

13 camera proceeding under this subsection. 

14 ‘‘(6) DISCLAIMERS.—It shall not be a defense 

15 to an action under this subsection that there is a 

16 disclaimer stating that the covered intimate depic17 tion of the depicted individual was unauthorized or 

18 that the depicted individual did not participate in 

19 the creation or development of the material. 

20 ‘‘(7) LIMITATIONS.—For purposes of this sub21 section, a provider of a communications service shall 

22 not be held liable on account of— 

23 ‘‘(A) any action voluntarily taken in good 

24 faith to restrict access to or availability of a 

25 covered intimate depiction; or 


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1 ‘‘(B) any action taken to enable or make 

2 available to information content providers or 

3 other persons the technical means to restrict ac4 cess to a covered intimate depiction.’’. 

5 SEC. 3. CRIMINAL ACTION. 

6 (a) IN GENERAL.—Chapter 110 of title 18, United 

7 States Code, is amended by inserting after section 2252C 

8 the following: 

9 ‘‘§ 2252D. Disclosure of intimate digital depictions 

10 ‘‘(a) DEFINITIONS.— 

11 ‘‘(1) DEFINITIONS OF TERMS DEFINED IN CIVIL

12 ACTION STATUTE.—In this section, the terms ‘com13 munications service’, ‘consent’, ‘depicted individual’, 

14 ‘disclose’, ‘information content provider’, and ‘sexu15 ally explicit conduct’ have the meanings given those 

16 terms in section 1309 of the Violence Against 

17 Women Act Reauthorization Act of 2022 (15 U.S.C. 

18 6851). 

19 ‘‘(2) OTHER TERMS.—In this section: 

20 ‘‘(A) COVERED DIGITAL DEPICTION.—The 

21 term ‘covered digital depiction’ means— 

22 ‘‘(i) an intimate digital depiction; or 

23 ‘‘(ii) a digital depiction of a nude 

24 minor. 


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1 ‘‘(B) DIGITAL DEPICTION OF A NUDE

2 MINOR.—The term ‘digital depiction of a nude 

3 minor’ means any digital visual depiction (as 

4 that term is defined in section 2256(5))— 

5 ‘‘(i) of an individual who— 

6 ‘‘(I) is recognizable by an indi7 vidual other than the depicted indi8 vidual from the visual depiction itself 

9 or information or text displayed in 

10 connection with the visual depiction; 

11 and 

12 ‘‘(II) was under 18 years of age 

13 when the visual depiction was created; 

14 and 

15 ‘‘(ii) in which the anus, genitals, or 

16 pubic area, or post-pubescent female nip17 ple, of the depicted individual are 

18 unclothed, visible, and displayed in a man19 ner that does not constitute sexually ex20 plicit conduct. 

21 ‘‘(C) INTIMATE DIGITAL DEPICTION.—The 

22 term ‘intimate digital depiction’ has the mean23 ing given the term in section 1309 of the Vio24 lence Against Women Act Reauthorization Act 

25 of 2022 (15 U.S.C. 6851), except that it only 


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1 includes such a depiction of an individual who 

2 was not less than 18 years of age when the de3 piction was created. 

4 ‘‘(b) OFFENSES.— 

5 ‘‘(1) INTIMATE DIGITAL DEPICTIONS.—Except 

6 as provided in paragraph (3), it shall be unlawful to 

7 knowingly disclose or threaten to disclose, through 

8 the mail or using any means or facility of interstate 

9 or foreign commerce or affecting interstate or for10 eign commerce, an intimate digital depiction of an 

11 individual— 

12 ‘‘(A) with knowledge of, or reckless dis13 regard for, the lack of consent of the depicted 

14 individual to the disclosure of the intimate dig15 ital depiction; 

16 ‘‘(B) with knowledge of, or reckless dis17 regard for, the lack of consent of the depicted 

18 individual to the creation of the intimate digital 

19 depiction; 

20 ‘‘(C) with intent to harass, annoy, threat21 en, alarm, or cause substantial harm to the fi22 nances or reputation of the depicted individual; 

23 or 

24 ‘‘(D) with actual knowledge that, or reck25 less disregard for whether, the disclosure or 


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1 threatened disclosure will cause physical, emo2 tional, reputational, or economic harm to the 

3 depicted individual. 

4 ‘‘(2) DIGITAL DEPICTIONS OF NUDE MINORS.— 

5 Except as provided in paragraph (3), it shall be un6 lawful to knowingly mail, or to knowingly distribute 

7 using any means or facility of interstate or foreign 

8 commerce or affecting interstate or foreign com9 merce, a digital depiction of a nude minor with in10 tent to abuse, humiliate, harass, or degrade the 

11 minor, or to arouse or gratify the sexual desire of 

12 any person. 

13 ‘‘(3) EXCEPTIONS.— 

14 ‘‘(A) LAW ENFORCEMENT, LAWFUL RE15 PORTING, AND OTHER LEGAL PROCEEDINGS.— 

16 Paragraphs (1) and (2)— 

17 ‘‘(i) do not prohibit any lawfully au18 thorized investigative, protective, or intel19 ligence activity of a law enforcement agen20 cy of the United States, a State, or a polit21 ical subdivision of a State, or of an intel22 ligence agency of the United States; 

23 ‘‘(ii) shall not apply in the case of an 

24 individual acting in good faith to report 

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1 ance of a legal or professional or other law2 ful obligation; and 

3 ‘‘(iii) shall not apply in the case of a 

4 good faith and relevant document produc5 tion or filing associated with a legal pro6 ceeding. 

7 ‘‘(B) SERVICE PROVIDERS.—Paragraphs 

8 (1) and (2) shall not apply to any provider of 

9 a communications service with regard to con10 tent provided by another information content 

11 provider, unless— 

12 ‘‘(i) in the case of an intimate digital 

13 depiction, the provider of the communica14 tions service distributes the intimate digital 

15 depiction with knowledge of the lack of 

16 consent of the depicted individual; or 

17 ‘‘(ii) in the case of a digital depiction 

18 of a nude minor, the provider of the com19 munications service knowingly distributes 

20 the digital depiction of a nude minor. 

21 ‘‘(C) MATTERS OF PUBLIC CONCERN.— 

22 Paragraphs (1) and (2) shall not apply with re23 spect to a covered digital depiction that is a 

24 matter of public concern. 


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1 ‘‘(D) SUPPORT FOR VICTIMS.—Paragraphs 

2 (1) and (2) shall not apply to the distribution 

3 of a covered digital depiction if the distribution 

4 is made reasonably and in good faith to— 

5 ‘‘(i) seek support or help with respect 

6 to the unsolicited receipt of the covered 

7 digital depiction; or 

8 ‘‘(ii) assist the depicted individual. 

9 ‘‘(c) PENALTIES.— 

10 ‘‘(1) FINE AND IMPRISONMENT.—Any person 

11 who violates subsection (b) shall be— 

12 ‘‘(A) fined under this title, imprisoned for 

13 not more than 2 years, or both; or 

14 ‘‘(B) fined under this title, imprisoned for 

15 not more than 10 years, or both, in the case of 

16 a violation in which the disclosure or threatened 

17 disclosure of the covered digital depiction could 

18 be reasonably expected to— 

19 ‘‘(i) affect the conduct of any adminis20 trative, legislative, or judicial proceeding of 

21 a Federal, State, local, or Tribal govern22 ment agency, including the administration 

23 of an election or the conduct of foreign re24 lations; or 

25 ‘‘(ii) facilitate violence. 


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1 ‘‘(2) FORFEITURE.— 

2 ‘‘(A) IN GENERAL.—The court, in impos3 ing a sentence on any person convicted of a vio4 lation of subsection (b), shall order, in addition 

5 to any other sentence imposed and irrespective 

6 of any provision of State law, that the person 

7 forfeit to the United States— 

8 ‘‘(i) any material distributed in viola9 tion of that subsection; 

10 ‘‘(ii) the person’s interest in property, 

11 real or personal, constituting or derived 

12 from any gross proceeds of the violation, or 

13 any property traceable to such property, 

14 obtained or retained directly or indirectly 

15 as a result of the violation; and 

16 ‘‘(iii) any property, real or personal, 

17 used or intended to be used to commit or 

18 facilitate the commission of the violation. 

19 ‘‘(B) PROCEDURES.—Section 413 of the 

20 Controlled Substances Act (21 U.S.C. 853), 

21 with the exception of subsections (a) and (d), 

22 shall apply to the criminal forfeiture of property 

23 under subparagraph (A) of this paragraph. 

24 ‘‘(3) RESTITUTION.—Section 2264 shall apply 

25 to an offense under subsection (b) of this section in 


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1 the same manner as such section 2264 applies to an 

2 offense under chapter 110A. 

3 ‘‘(d) DISCLAIMERS.—It shall not be a defense to a 

4 prosecution under this section that there is a disclaimer 

5 stating that the covered digital depiction of the depicted 

6 individual was unauthorized or that the depicted indi7 vidual did not participate in the creation or development 

8 of the material. 

9 ‘‘(e) LIMITATIONS.—For purposes of this section, a 

10 provider of a communications service shall not be held lia11 ble on account of— 

12 ‘‘(1) any action voluntarily taken in good faith 

13 to restrict access to or availability of a covered dig14 ital depiction; or 

15 ‘‘(2) any action taken to enable or make avail16 able to an information content provider or another 

17 person the technical means to restrict access to a 

18 covered digital depiction.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 110 of title 18, United States Code, is amend21 ed by inserting after the item relating to section 2252C 

22 the following: 

‘‘2252D. Disclosure of intimate digital depictions.’’. 

Æ 


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