‘‘(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 re-
lief as set forth in paragraph (3) against 
any person that knowingly produced the 
intimate digital forgery if— 
‘‘(I) the identifiable individual 
did not consent to such production; 
‘‘(II) the person knew or reck-
lessly disregarded that the identifiable 
individual— 
‘‘(aa) did not consent to 
such production; and 
‘‘(bb) was harmed, or was 
reasonably likely to be harmed, 
by the production; and 
‘‘(III) such production is in or 
affects interstate or foreign commerce 
or uses any means or facility of inter-
state or foreign commerce.’’; and 
(B) in subparagraph (B)— 
(i) in the subparagraph heading, by 
inserting ‘‘IDENTIFIABLE’’ before ‘‘INDI-
VIDUALS’’; and 
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(ii) by striking ‘‘an individual who is 
under 18 years of age, incompetent, inca-
pacitated, or deceased, the legal guardian 
of the individual’’ and inserting ‘‘an identi-
fiable individual who is under 18 years of 
age, incompetent, incapacitated, or de-
ceased, the legal guardian of the identifi-
able individual’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘identifiable’’ before 
‘‘individual’’; 
(ii) by striking ‘‘depiction’’ and insert-
ing ‘‘intimate visual depiction or intimate 
digital forgery’’; and 
(iii) by striking ‘‘distribution’’ and in-
serting ‘‘disclosure, solicitation, or posses-
sion’’; and 
(B) in subparagraph (B)— 
(i) by inserting ‘‘identifiable’’ before 
‘‘individual’’; 
(ii) by inserting ‘‘or intimate digital 
forgery’’ after ‘‘depiction’’ each place it ap-
pears; and 
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(iii) by inserting ‘‘, solicitation, or 
possession’’ after ‘‘disclosure’’; 
(3) by redesignating paragraph (4) as para-
graph (5); 
(4) by striking paragraph (3) and inserting the 
following: 
‘‘(3) RELIEF.— 
‘‘(A) IN GENERAL.—In a civil action filed 
under this section, an identifiable individual 
may recover— 
‘‘(i) damages as provided under sub-
paragraph (C); and 
‘‘(ii) the cost of the action, including 
reasonable attorney fees and other litiga-
tion costs reasonably incurred. 
‘‘(B) PUNITIVE DAMAGES AND OTHER RE-
LIEF.—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. 
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‘‘(C) DAMAGES.—For purposes of subpara-
graph (A)(i), the identifiable individual may re-
cover— 
‘‘(i) liquidated damages in the amount 
of— 
‘‘(I) $150,000; or 
‘‘(II) $250,000 if the conduct at 
issue in the claim was— 
‘‘(aa) committed in relation 
to actual or attempted sexual as-
sault, stalking, or harassment of 
the identifiable individual by the 
defendant; or 
‘‘(bb) the direct and proxi-
mate cause of actual or at-
tempted 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 com-
puting the actual damages. 
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‘‘(D) 
CALCULATION
OF
DEFENDANT’S 
PROFIT.—For purposes of subparagraph (C)(ii), 
to establish the defendant’s profits, the identifi-
able individual shall be required to present 
proof only of the gross revenue of the defend-
ant, and the defendant shall be required to 
prove the deductible expenses of the defendant 
and the elements of profit attributable to fac-
tors 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, includ-
ing by— 
‘‘(A) permitting the plaintiff to use a pseu-
donym; 
‘‘(B) requiring the parties to redact the 
personal identifying information of the plaintiff 
from any public filing, or to file such documents 
under seal; and 
‘‘(C) issuing a protective order for pur-
poses 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.’’; 
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