This bill criminalizes the creation and distribution of non-consensual, digitally forged intimate images, with exceptions for law enforcement, legal, medical, and journalistic activities.
Nancy Mace
Representative
SC-1
The "Protect Victims of Digital Exploitation and Manipulation Act of 2025" makes it a federal crime to create and distribute digital forgeries of intimate visual depictions of identifiable individuals without their consent, punishable by fines and/or imprisonment. It includes exceptions for law enforcement, legal proceedings, medical purposes, and good-faith reporting, while also clarifying that service providers are not liable unless they recklessly distribute the content. The bill defines key terms such as "digital forgery," "identifiable individual," "intimate visual depiction," and "consent" to provide clarity on the scope and application of the law.
New Bill Targets Fake Intimate Images: Creating or Sharing Digital Forgeries Without Consent Could Mean 5 Years in Prison
This proposed legislation, the 'Protect Victims of Digital Exploitation and Manipulation Act of 2025,' tackles the growing issue of fake intimate images, often called deepfakes. It aims to make it a federal crime under Title 18, Section 1802, to knowingly create or share digitally altered or generated intimate pictures or videos of someone who can be identified, if you don't have their explicit permission and act with reckless disregard.
Defining the Digital Boundaries
So, what exactly does this cover? The bill gets specific. A 'digital forgery' isn't just any altered image; it's defined as an intimate visual depiction made using computer generation or by altering a real image so it looks authentic. Think AI-generated nudes or manipulated videos. An 'intimate visual depiction' includes showing private parts (genitals, pubic area, anus, female nipple), bodily sexual fluids, or people engaged in explicit acts. The person in the image must be 'identifiable' through their face or other unique features. Crucially, the bill defines 'consent' very clearly: it must be a freely given, conscious, and voluntary 'yes,' obtained without force, fraud, or trickery. This protection kicks in if the fake image is shared across state lines or internationally, or if the creator/distributor or victim is a U.S. national.
Protections, Penalties, and Platforms
If someone violates this proposed law, they could face fines and up to 5 years in prison. However, the bill includes important exceptions. Sharing these kinds of images isn't illegal if done in good faith for law enforcement investigations, legal proceedings, medical education or care, or when reporting illegal content. What about the platforms where these images might appear? Communications service providers (like social media sites or hosting services) generally aren't liable unless they act with 'reckless disregard' in distributing content they know violates this section. Essentially, this law gives victims a way to pursue federal charges against those who create and spread these harmful fakes, while carving out specific exceptions for legitimate uses and setting a standard for platform responsibility.