I 
118TH CONGRESS 
2D SESSION 
H. R. 7736 
To establish a private right of action against a person who sends unsolicited 
visual depictions of sexually explicit conduct. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2024 
Ms. MCCLELLAN (for herself and Mr. MORAN) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To establish a private right of action against a person who 
sends unsolicited visual depictions of sexually explicit 
conduct. 
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 ‘‘Curbing Online Non- 
consensual Sexually Explicit Nudity Transfers Act’’ or the 
‘‘CONSENT Act’’. 
SEC. 2. TRANSMISSION OF UNSOLICITED VISUAL DEPIC-
TIONS OF SEXUALLY EXPLICIT CONDUCT. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—In this section: 
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(A) CONSENT.—The term ‘‘consent’’ has 
the meaning given the term in section 1309 of 
the Violence Against Women Act Reauthoriza-
tion Act of 2022 (15 U.S.C. 6851). 
(B) MACHINE-MANIPULATED MEDIA.—The 
term ‘‘machine-manipulated media’’ means a 
video, image, or audio recording generated or 
substantially modified using machine-learning 
techniques in order to— 
(i) falsely depict— 
(I) an event; or 
(II) the speech or conduct of an 
individual; or 
(ii) depict an individual who does not 
exist. 
(C) SEXUALLY EXPLICIT CONDUCT.—The 
term ‘‘sexually explicit conduct’’ has the mean-
ing given the term in section 2256(2)(B) of title 
18, United States Code. 
(D) THIRD-PARTY
PROVIDER.—The term 
‘‘third-party provider’’ means— 
(i) a provider of an interactive com-
puter service (as defined in section 230 of 
the Communications Act of 1934 (47 
U.S.C. 230)); or 
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(ii) any other entity that transmits, 
routes, or provides connections of elec-
tronic communications. 
(E) VISUAL DEPICTION.—The term ‘‘visual 
depiction’’— 
(i) has the meaning given the term in 
section 1466A of title 18, United States 
Code; and 
(ii) 
includes 
machine-manipulated 
media. 
(2) 
RULE
OF
CONSTRUCTION.—Notwith-
standing the application of the terms ‘‘sexually ex-
plicit conduct’’ and ‘‘visual depiction’’ to only minors 
in chapter 110 and section 1466A, respectively, of 
title 18, United States Code, the applicability of 
those terms shall not be limited to minors for pur-
poses of this section. 
(b) CIVIL ACTION.— 
(1) RIGHT OF ACTION.— 
(A) PROHIBITION.—If an individual 18 
years of age or older, or any person that is not 
an individual, (referred to in this subparagraph 
as the ‘‘sender’’) knowingly sends an individual 
(referred to in this subparagraph as the ‘‘recipi-
ent’’) a visual depiction of sexually explicit con-
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duct, in or affecting interstate or foreign com-
merce or using any means or facility of inter-
state or foreign commerce, without the consent 
of the recipient, knowing that, or recklessly dis-
regarding whether, the recipient has not pro-
vided consent to receive the visual depiction, the 
recipient may bring a civil action against the 
sender in an appropriate district court of the 
United States for relief under paragraph (2). 
(B) RIGHTS ON BEHALF OF CERTAIN INDI-
VIDUALS.—If an individual who receives a vis-
ual depiction of sexually explicit conduct as de-
scribed in subparagraph (A) is under 18 years 
of age, incompetent, or incapacitated, a legal 
guardian of the individual may bring a civil ac-
tion under that subparagraph on behalf of the 
individual. 
(C) PRIVACY PROTECTION FOR MINORS.— 
(i) IN GENERAL.—If a civil action is 
brought under subparagraph (A) on behalf 
of an individual who is a minor when the 
complaint is filed or by an individual who 
was a minor when the acts giving rise to 
the civil action took place, the plaintiff 
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may elect to use the plaintiff’s initials in 
all filings with the court. 
(ii) REQUIREMENT.—If a plaintiff 
elects to proceed using the plaintiff’s ini-
tials under clause (i), the court and each 
other party to the action shall use the 
plaintiff’s initials in— 
(I) any order, filing, or other 
such document; and 
(II) any proceeding that is tran-
scribed by a court reporter. 
(D) EXCEPTIONS.—A civil action under 
subparagraph 
(A) 
may 
not 
be 
brought 
against— 
(i) a third-party provider, to the ex-
tent that the provider is transmitting, 
routing, or providing connections of elec-
tronic communications initiated by or at 
the direction of another person; 
(ii) a person who sends a visual depic-
tion for a good faith medical, educational, 
or law enforcement purpose; or 
(iii) a person who lawfully publishes a 
visual depiction of sexually explicit conduct 
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on a website that requires users to be not 
less than 18 years of age. 
(2) RELIEF.—In a civil action brought under 
paragraph (1), an individual may obtain— 
(A) either— 
(i) statutory damages of not more 
than $500; or 
(ii) compensatory damages for emo-
tional distress; 
(B) reasonable attorney fees and costs; and 
(C) a temporary restraining order, a pre-
liminary injunction, or a permanent injunction 
ordering the defendant to cease sending visual 
depictions of sexually explicit conduct to the 
plaintiff without consent. 
(3) RELATION TO CRIMINAL LAWS.—Nothing in 
this subsection shall be construed to modify, impair, 
or supersede any provision of criminal law. 
(c) SEVERABILITY.—If any provision of this section, 
or the application of such provision to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this section, and the application of the provision to any 
other person or circumstance, shall not be affected. 
Æ 
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