Protect Victims of Digital Exploitation and Manipulation Act of 2025
The Protect Victims of Digital Exploitation and Manipulation Act of 2025 would add a new criminal offense to title 18 of the U.S. Code prohibiting the production or distribution of digital forgeries of intimate visual depictions of identifiable individuals without consent. The offense can carry a fine, up to 5 years in prison, or both, and applies when the forgery is created or shared using interstate or foreign commerce. The bill provides several exceptions (e.g., for law enforcement, legal proceedings, medical education, or reporting/unlawful content), and it includes safe harbors for communications service providers unless they recklessly distribute the content. It also sets extraterritorial reach for U.S. nationals and defines key terms such as “digital forgery,” “intimate visual depiction,” and “consent.” The act would be codified as new Section 1802 in Chapter 88 of Title 18 and include standard severability language.
Key Points
- 1Offense and penalties: Criminalizes producing or distributing a digital forgery of an identifiable individual’s intimate image without consent, with penalties including fines and up to 5 years in prison (or both). Reckless disregard is the mens rea standard.
- 2Exceptions and safe harbors: Allows in good faith distribution for law enforcement, legal proceedings, medical education/diagnosis/treatment, and certain reporting or investigations of unlawful content or unsolicited/unwelcome conduct. Service providers are exempt from liability for content created by others unless they recklessly distribute content in violation of the statute.
- 3Scope and jurisdiction: The prohibition applies when the forgery is produced or distributed using interstate or foreign commerce. It has extraterritorial reach for U.S. nationals. The bill includes severability language.
- 4Definitions: Clarifies terms—digital forgery (AI/tech-created manipulation that makes a depiction seem authentic), intimate visual depiction (as defined in existing law, including exposed genitals, sexual conduct, or related bodily fluids), identifiable individual, consent, and the types of “communications service” and “information content provider” under existing communications law.
- 5Legislative changes: Establishes a new statutory section, 18 U.S.C. § 1802, and updates the table of sections accordingly; clarifies related definitions to ensure consistent application.