I 119THCONGRESS 1 STSESSION H. R. 2564 To amend title 18, United States Code, to prohibit the production or distribu- tion of digital forgeries of intimate visual depictions of identifiable indi- viduals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL1, 2025 Ms. M ACEintroduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the pro- duction or distribution of digital forgeries of intimate visual depictions of identifiable individuals, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Victims of Dig-4 ital Exploitation and Manipulation Act of 2025’’. 5 VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2564 IH SEC. 2. DIGITAL FORGERIES OF INTIMATE VISUAL DEPIC-1 TIONS. 2 (a) I NGENERAL.—Chapter 88 of title 18, United 3 States Code, is amended by adding at the end the fol-4 lowing: 5 ‘‘§ 1802. Prohibition of production or distribution of 6 digital forgeries of intimate visual depic-7 tions of identifiable individuals 8 ‘‘(a) O FFENSE.—Except as provided in subsection 9 (b), whoever, in any circumstance described in subsection 10 (c), acts with reckless disregard to produce or distribute, 11 or causes to be produced or distributed, a digital forgery 12 of an identifiable individual, without the consent of the 13 identifiable individual, shall be fined under this title, im-14 prisoned not more than 5 years, or both. 15 ‘‘(b) E XCEPTIONS.— 16 ‘‘(1) I N GENERAL.—This section shall not apply 17 with respect to a distribution made in good faith— 18 ‘‘(A) to a law enforcement officer or agen-19 cy; 20 ‘‘(B) as part of a legal proceeding; 21 ‘‘(C) as part of medical education, diag-22 nosis, or treatment; or 23 ‘‘(D) in the reporting or investigation of— 24 ‘‘(i) unlawful content; or 25 VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2564 IH ‘‘(ii) unsolicited or unwelcome con-1 duct. 2 ‘‘(2) S ERVICE PROVIDERS.—This section shall 3 not apply to any provider of a communications serv-4 ice with regard to content provided by another infor-5 mation content provider unless the provider of the 6 communications service recklessly distributes content 7 in violation of this section. 8 ‘‘(c) C IRCUMSTANCES DESCRIBED.—For the pur-9 poses of subsection (a), the circumstances described in this 10 subsection are that the digital forgery is produced or dis-11 tributed using a means, channel, facility, or instrumen-12 tality of interstate or foreign commerce or traveled in or 13 affected interstate or foreign commerce. 14 ‘‘(d) E XTRATERRITORIAL APPLICATION.—This sec-15 tion applies if the individual who has violated subsection 16 (a) or the identifiable individual who is a victim of the 17 violation of subsection (a) is a national of the United 18 States (as such term is defined in section 101(a) of the 19 Immigration and Nationality Act). 20 ‘‘(e) D EFINITIONS.—In this section: 21 ‘‘(1) C ONSENT.—The term ‘consent’ means an 22 affirmative, conscious, competent, and voluntary au-23 thorization made by the individual free from force, 24 VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2564 IH fraud, misrepresentation, or coercion, whether or not 1 the individual is a public figure. 2 ‘‘(2) D IGITAL FORGERY.—The term ‘digital for-3 gery’ means any intimate visual depiction of an indi-4 vidual created through the use of software, machine 5 learning, artificial intelligence, or any other com-6 puter-generated means, including by adapting, modi-7 fying, manipulating, or altering an authentic visual 8 depiction, to appear to a reasonable person to be an 9 authentic visual depiction of the individual. 10 ‘‘(3) I DENTIFIABLE INDIVIDUAL .—The term 11 ‘identifiable individual’ means an individual whose 12 body appears in whole or in part in an intimate vis-13 ual depiction and who is identifiable by virtue of the 14 person’s face, likeness, or other distinguishing char-15 acteristic, such as a unique birthmark or other rec-16 ognizable feature, or from information displayed in 17 connection with the visual depiction. 18 ‘‘(4) I NTIMATE VISUAL DEPICTION .—The term 19 ‘intimate visual depiction’ means a visual depiction, 20 as that term is defined in section 2256(5), that de-21 picts— 22 ‘‘(A) the uncovered genitals, pubic area, 23 anus, or female nipple of an identifiable indi-24 vidual; 25 VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2564 IH ‘‘(B) the display or transfer of bodily sex-1 ual fluids— 2 ‘‘(i) on to any part of the body of an 3 identifiable individual; or 4 ‘‘(ii) from the body of an identifiable 5 individual; or 6 ‘‘(C) an identifiable individual engaging in 7 sexually explicit conduct. 8 ‘‘(5) S EXUALLY EXPLICIT CONDUCT .—The term 9 ‘sexually explicit conduct’ has the meaning given the 10 term in subparagraph (A) of section 2256(2). 11 ‘‘(6) C OMMUNICATIONS SERVICE .—The term 12 ‘communications service’ means— 13 ‘‘(A) a service provided by a person that is 14 a common carrier, as that term is defined in 15 section 3 of the Communications Act of 1934, 16 insofar as the person is acting as a common 17 carrier; 18 ‘‘(B) an electronic communication service, 19 as that term is defined in section 2510; 20 ‘‘(C) an information service, as that term 21 is defined in section 3 of the Communications 22 Act of 1934; and 23 VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2564 IH ‘‘(D) an interactive computer service, as 1 that term is defined in section 230(f) of the 2 Communications Act of 1934. 3 ‘‘(7) I NFORMATION CONTENT PROVIDER .—The 4 term ‘information content provider’ has the meaning 5 given such term in section 230(f) of the Communica-6 tions Act of 1934.’’. 7 (b) C LERICALAMENDMENT.—The table of sections 8 for chapter 88 of title 18, United States Code, is amended 9 by adding at the end the following: 10 ‘‘1802. Prohibition of production or distribution of digital forgeries of intimate visual depictions of identifiable individuals.’’. SEC. 3. SEVERABILITY. 11 The provisions of this Act, or an amendment made 12 by this Act, shall be severable. If any provision of this 13 Act, or any application thereof, is found unconstitutional, 14 that finding shall not affect any provision or application 15 of the Act not so adjudicated. 16 Æ VerDate Sep 11 2014 22:47 Apr 04, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2564.IH H2564 ssavage on LAPJG3WLY3PROD with BILLS