New Deepfake Law Creates $150,000 Payouts and 10-Year Prison Terms for Sharing Fake Intimate Images

The new Preventing Deepfakes of Intimate Images Act is tackling one of the nastiest digital threats out there: non-consensual deepfakes. This bill creates both a federal civil right to sue and a new federal crime for anyone who shares or threatens to share digitally altered intimate images—often called deepfakes—of an identifiable person without their explicit, written consent. It sets a high bar for consent and provides victims with serious legal muscle to fight back.

The $150,000 Question: Civil Lawsuits Against Image Sharers

This law gives victims a powerful new tool: the ability to sue the person who shared the deepfake in federal court, provided the sharing crossed state lines. It sets a very clear standard for what counts as consent for sharing: it must be written down, signed, and clearly describe the image and where it might be disclosed. If you win the case, you can recover actual losses, like emotional distress damages, or you can opt for a set amount of $150,000 in liquidated damages instead, plus legal fees and punitive damages. This means a victim doesn't have to prove exactly how much harm was done to get a significant payout.

Crucially, the law clarifies that just because you consented to the picture being taken doesn't mean you consented to it being shared. For someone who is digitally manipulated into a deepfake, this is a major win because it gives them clear legal recourse. The court can also issue an immediate injunction to stop the image from being displayed, and victims can use a pseudonym to protect their privacy during the case, which is vital when dealing with highly sensitive material.

New Federal Crime: Sharing Deepfakes Can Mean Hard Time

Beyond civil penalties, this Act establishes a new federal crime for sharing or threatening to share these intimate digital depictions if done with the intent to harass, threaten, or cause substantial harm. The general penalty is up to 2 years in prison and a fine. However, the stakes get much higher if the image sharing could reasonably be expected to affect a government proceeding, such as an election or a court case; in those situations, the penalty jumps to up to 10 years in prison.

It’s important to note what isn't a defense under this criminal section: you can't claim you didn't create the image, and you can't try to get out of trouble by slapping a disclaimer on the image saying it’s fake or unauthorized. If you share it, and you know it will cause harm, you are on the hook. This provision targets the distributors and weaponizers of these images, not just the creators.

What It Means for Platforms and the Public

For social media companies and other interactive service providers, the law offers a shield: they won't be held liable if they voluntarily take good-faith steps to restrict access to these deepfakes. This is a clear incentive for platforms to invest in tools and policies to remove this harmful content quickly. The law also includes an exception for genuine matters of public interest, but it specifically states that being a public figure doesn't automatically make every intimate image a public interest matter—a necessary clarification to prevent abusers from claiming a free speech defense just because the victim is well-known.