# Understanding the Preventing Deepfakes of Intimate Images Act

This bill creates new legal protections against fake intimate images—specifically, sexually explicit photos or videos of real people that have been created or manipulated using digital technology like AI. The law targets what's commonly known as "deepfake porn," where someone's face or body is digitally placed into sexual content without their permission. If someone creates or shares these fake intimate images of you without your consent, you'd have the right to sue them in federal court for money damages, and they could also face criminal charges.

The bill defines intimate digital depictions pretty broadly—it covers any digitally altered image showing someone's genitals, intimate body parts, sexual fluids, or engaging in sexual acts. The key requirement is that the person in the image has to be identifiable, whether through their face, a unique birthmark, or other recognizable features. Importantly, just because you agreed to let someone create an intimate image doesn't mean you agreed to let them share it. The law makes clear that consent to create something is separate from consent to distribute it. If someone wants to share an intimate digital depiction, they need your explicit written permission that specifically describes what will be shared.

On the civil side, if you're victimized, you can sue for money damages. You could recover any profits the person made from creating or sharing the image, plus either your actual damages (including emotional distress) or a flat $150,000 payment, whichever is more. You can also ask for punitive damages to punish particularly bad behavior, plus attorney's fees. Courts can also issue orders forcing someone to stop displaying or sharing the image. On the criminal side, sharing these images with intent to harass, annoy, threaten, or harm someone carries up to two years in prison. If the deepfake could interfere with elections, government proceedings, or incite violence, the penalty jumps to up to ten years.

The law does include some important exceptions. It doesn't apply if images are shared with law enforcement investigating a crime, if they're part of a legal proceeding, if they involve legitimate matters of public concern (though being famous doesn't automatically make something a public concern), or if someone shares them to actually help the person depicted. Social media platforms and other internet services also get protection from liability if they voluntarily remove these images or provide tools to help others do so.

Preventing Deepfakes of Intimate Images Act

Preventing Deepfakes of Intimate Images Act This bill makes it a crime to intentionally disclose (or threaten to disclose) a digital depiction that has been altered using digital manipulation of an individual engaging in sexually explicit conduct.