I 
117TH CONGRESS 
2D SESSION 
H. R. 9631 
To prohibit the disclosure of intimate digital depictions, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 20, 2022 
Mr. MORELLE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To prohibit the disclosure of intimate digital depictions, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Deepfakes 
of Intimate Images Act’’. 
SEC. 2. INTIMATE DIGITAL DEPICTIONS. 
The Violence Against Women Act Reauthorization 
Act of 2022 is amended by inserting after section 1309 
the following: 
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‘‘SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPIC-
TIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONSENT.—The term ‘consent’ has the 
meaning given such term in section 1309. 
‘‘(2) DEPICTED
INDIVIDUAL.—The term ‘de-
picted individual’ means an individual who, as a re-
sult of digitization or by means of artificial intel-
ligence or similar technology, appears in whole or in 
part in an intimate digital depiction and who is iden-
tifiable by virtue of the person’s face, likeness, or 
other distinguishing characteristic, such as a unique 
birthmark or other recognizable feature, or from in-
formation displayed in connection with the digital 
depiction. 
‘‘(3) DIGITAL
DEPICTION.—The term ‘digital 
depiction’ means a realistic visual depiction, as that 
term is defined in section 2256(5) of title 18, United 
States Code, of an individual that has been created 
or altered using artificial intelligence or similar tech-
nology. 
‘‘(4) DISCLOSE.—The term ‘disclose’ has the 
meaning given such term in section 1309. 
‘‘(5) INTIMATE DIGITAL DEPICTION.—The term 
‘intimate digital depiction’ means a digital depiction 
of an individual that has been created or altered 
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using artificial intelligence or similar technology and 
that depicts— 
‘‘(A) the uncovered genitals, pubic area, 
anus, or postpubescent female nipple of an 
identifiable individual; 
‘‘(B) the display or transfer of bodily sex-
ual fluids— 
‘‘(i) onto 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. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given the 
term in subparagraphs (A) and (B) of section 
2256(2) of title 18, United States Code. 
‘‘(b) RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (e), an individual who is the subject of an in-
timate digital depiction that is disclosed, in or af-
fecting interstate or foreign commerce or using any 
means or facility of interstate or foreign commerce, 
without the consent of the individual, where such 
disclosure was made by a person who knows that, or 
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recklessly disregards whether, the individual has not 
consented to such disclosure, may bring a civil ac-
tion against that person in an appropriate district 
court of the United States for relief as set forth in 
subsection (d). 
‘‘(2) RIGHTS ON BEHALF OF CERTAIN INDIVID-
UALS.—In the case of an individual who have not at-
tained 18 years of age or are incompetent, incapaci-
tated, or deceased, the legal guardian of the indi-
vidual or representative of the individual’s estate, 
another family member, or any other person ap-
pointed as suitable by the court, may assume the in-
dividual’s rights under this section, but in no event 
shall the defendant be named as such representative 
or guardian. 
‘‘(c) CONSENT.—For purposes of an action under 
subsection (b)— 
‘‘(1) an individual’s consent to the creation of 
the intimate digital depiction shall not establish that 
the person consented to its disclosure; and 
‘‘(2) consent shall be deemed validly given only 
if— 
‘‘(A) it is set forth in an agreement written 
in plain language signed knowingly and volun-
tarily by the depicted individual; and 
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‘‘(B) EQUITABLE RELIEF.—In a civil ac-
tion filed under this section, a court may, in ad-
dition to any other relief available at law, order 
equitable relief, including a temporary restrain-
ing order, a preliminary injunction, or a perma-
nent injunction ordering the defendant to cease 
display or disclosure of the intimate digital de-
piction. 
‘‘(2) PRESERVATION OF ANONYMITY.—In order-
ing relief under this subsection, the court may grant 
injunctive relief maintaining the confidentiality of a 
plaintiff using a pseudonym. 
‘‘(e) EXCEPTIONS.—An identifiable individual may 
not bring an action for relief under this section relating 
to— 
‘‘(1) a disclosure made in good faith— 
‘‘(A) to or by a law enforcement officer or 
agency in the course of reporting or inves-
tigating— 
‘‘(i) unlawful activity; or 
‘‘(ii) unsolicited or unwelcome con-
duct; or 
‘‘(B) as part of a legal proceeding; 
‘‘(2) a matter of legitimate public concern or 
public interest, except that it shall not be considered 
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a matter of legitimate public interest or public con-
cern solely because the depicted individual is a pub-
lic figure; or 
‘‘(3) a disclosure reasonably intended to assist 
the identifiable individual. 
‘‘(f) IN CAMERA.—A court may authorize an in cam-
era proceeding under this section. 
‘‘(g) DISCLAIMERS.—It shall not be a defense to an 
action under this section that there is a disclaimer stating 
that the intimate digital depiction of the depicted indi-
vidual was unauthorized or that the depicted individual 
did not participate in the creation or development of the 
material. 
‘‘(h) LIMITATIONS.—For purposes of this section, a 
provider of an interactive computer service shall not be 
held liable on account of— 
‘‘(1) any action voluntarily taken in good faith 
to restrict access to or availability of intimate digital 
depictions; or 
‘‘(2) any action taken to enable or make avail-
able to information content providers or other per-
sons the technical means to restrict access to inti-
mate digital depictions.’’. 
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SEC. 3. CRIMINAL ACTION. 
(a) IN GENERAL.—Chapter 110 of title 18, United 
States Code, is amended by inserting after section 2252C 
the following: 
‘‘§ 2252D. Intimate digital depictions 
‘‘(a) OFFENSE.—Whoever, in or affecting interstate 
or foreign commerce, discloses or threatens to disclose an 
intimate digital depiction— 
‘‘(1) with the intent to harass, annoy, threaten, 
alarm, or cause substantial harm to the finances or 
reputation of the depicted individual; or 
‘‘(2) with actual knowledge that, or reckless dis-
regard for whether, such disclosure or threatened 
disclosure 
will 
cause 
physical, 
emotional, 
reputational, or economic harm to the depicted indi-
vidual, 
shall be punished as provided under subsection (b). 
‘‘(b) PENALTY.—Any person who commits an offense 
under subsection (a) shall be— 
‘‘(1) fined under this title, imprisoned for not 
more than 2 years, or both; or 
‘‘(2) fined under this title, imprisoned for not 
more than 10 years, or both, in the case of a viola-
tion in which the creation, reproduction, or distribu-
tion of the intimate digital depiction could be rea-
sonably expected to— 
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‘‘(A) affect the conduct of any administra-
tive, legislative, or judicial proceeding of a Fed-
eral, State, local, or Tribal government agency, 
including the administration of an election or 
the conduct of foreign relations; or 
‘‘(B) facilitate violence. 
‘‘(c) DISCLAIMERS.—It shall not be a defense to an 
action under this section that there is a disclaimer stating 
that the intimate digital depiction of the depicted indi-
vidual was unauthorized or that the depicted individual 
did not participate in the creation or development of the 
material. 
‘‘(d) LIMITATIONS.—For purposes of this section, a 
provider of an interactive computer service shall not be 
held liable on account of— 
‘‘(1) any action voluntarily taken in good faith 
to restrict access to or availability of intimate digital 
depictions; or 
‘‘(2) any action taken to enable or make avail-
able to information content providers or other per-
sons the technical means to restrict access to inti-
mate digital depictions. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CONSENT.—The term ‘consent’ has the 
meaning given such term in section 1309 of the Vio-
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lence Against Women Act Reauthorization Act of 
2022. 
‘‘(2) DEPICTED
INDIVIDUAL.—The term ‘de-
picted individual’ means an individual who, as a re-
sult of digitization or by means of artificial intel-
ligence or similar technology, appears in whole or in 
part in an intimate digital depiction and who is iden-
tifiable by virtue of the person’s face, likeness, or 
other distinguishing characteristic, such as a unique 
birthmark or other recognizable feature, or from in-
formation displayed in connection with the digital 
depiction. 
‘‘(3) DIGITAL
DEPICTION.—The term ‘digital 
depiction’ means a realistic visual depiction, as that 
term is defined in section 2256(5), of an individual 
that has been created or altered using artificial intel-
ligence or similar technology. 
‘‘(4) DISCLOSE.—The term ‘disclose’ has the 
meaning given such term in section 1309 of the Vio-
lence Against Women Act Reauthorization Act of 
2022. 
‘‘(5) INTIMATE DIGITAL DEPICTION.—The term 
‘intimate digital depiction’ means a digital depiction 
of an individual that has been created or altered 
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using artificial intelligence or similar technology and 
that depicts— 
‘‘(A) the uncovered genitals, pubic area, 
anus, or postpubescent female nipple of an 
identifiable individual; 
‘‘(B) the display or transfer of bodily sex-
ual fluids— 
‘‘(i) onto 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. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given the 
term in subparagraphs (A) and (B) of section 
2256(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 110 of title 18, United States Code is amended 
by inserting after the item relating to section 2252C the 
following new item: 
‘‘2252D. Intimate digital depictions.’’. 
Æ 
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