[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7567 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7567
To amend title 18, United States Code, to prohibit the production or
distribution of digital forgeries of intimate visual depictions of
identifiable individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2024
Ms. Mace (for herself, Mrs. Luna, Mr. Gaetz, and Mr. Good of Virginia)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the production 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Victims of Digital
Exploitation and Manipulation Act of 2024''.
SEC. 2. DIGITAL FORGERIES OF INTIMATE VISUAL DEPICTIONS.
(a) In General.--Chapter 88 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1802. Prohibition of production or distribution of digital
forgeries of intimate visual depictions of identifiable
individuals
``(a) Offense.--Except as provided in subsection (b), whoever
knowingly or recklessly produces or distributes, or causes to be
produced or distributed, in or affecting interstate or foreign commerce
or using any means, channel, facility, or instrumentality of interstate
or foreign commerce, a digital forgery of an identifiable individual,
without the consent of the identifiable individual shall be fined under
this title, imprisoned not more than 5 years, or both.
``(b) Exceptions.--
``(1) In general.--This section shall not apply with
respect to a distribution made in good faith--
``(A) to a law enforcement officer or agency;
``(B) as part of a legal proceeding;
``(C) as part of medical education, diagnosis, or
treatment; or
``(D) in the reporting or investigation of--
``(i) unlawful content; or
``(ii) unsolicited or unwelcome conduct.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to content
provided by another information content provider unless the
provider of the communications service knowingly or recklessly
distributes content in violation of this section.
``(c) Definitions.--In this section:
``(1) Consent.--The term `consent' means an affirmative,
conscious, competent, and voluntary authorization made by the
individual free from force, fraud, misrepresentation, or
coercion, whether or not the individual is a public figure.
``(2) Digital forgery.--The term `digital forgery' means
any intimate visual depiction of an individual created through
the use of software, machine learning, artificial intelligence,
or any other computer-generated means, including by adapting,
modifying, manipulating, or altering an authentic visual
depiction, to appear to a reasonable person to be an authentic
visual depiction of the individual.
``(3) Identifiable individual.--The term `identifiable
individual' means an individual whose body appears in whole or
in part in an intimate visual depiction and who is identifiable
by virtue of the person's face, likeness, or other
distinguishing characteristic, such as a unique birthmark or
other recognizable feature, or from information displayed in
connection with the visual depiction.
``(4) Intimate visual depiction.--The term `intimate visual
depiction' means a visual depiction, as that term is defined in
section 2256(5) of title 18, that depicts--
``(A) the uncovered genitals, pubic area, anus, or
female nipple of an identifiable individual;
``(B) the display or transfer of bodily sexual
fluids--
``(i) on to any part of the body of an
identifiable individual; or
``(ii) from the body of an identifiable
individual; or
``(C) an identifiable individual engaging in
sexually explicit conduct.
``(5) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given the term in
subparagraph (A) of section 2256(2) of title 18.
``(6) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a
common carrier, as that term is defined in section 3 of
the Communications Act of 1934 (47 U.S.C. 153), insofar
as the person is acting as a common carrier;
``(B) an electronic communication service, as that
term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
``(D) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)).
``(7) Information content provider.--The term `information
content provider' has the meaning given such term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(d) Extraterritoriality.--There is extraterritorial Federal
jurisdiction over an offense under this section if the alleged offender
or the identifiable individual is a national of the United States (as
defined in section 1101(a)(22) of title 8).''.
(b) Clerical Amendment.--The table of sections for chapter 88 of
title 18, United States Code, is amended by adding at the end the
following:
``1802. Prohibition of production or distribution of digital forgeries
of intimate visual depictions of
identifiable individuals.''.
SEC. 3. SEVERABILITY.
The provisions of this Act shall be severable. If any provision of
this Act, or any application thereof, is found unconstitutional, that
finding shall not affect any provision or application of the Act not so
adjudicated.
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