(a) In general

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

(a) Offense

Except as provided in subsection (b), whoever, in any circumstance described in subsection (c), acts with reckless disregard to produce or distribute, or causes to be produced or distributed, 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 recklessly distributes content in violation of this section.

(c) Circumstances described

For the purposes of subsection (a), the circumstances described in this subsection are that the digital forgery is produced or distributed using a means, channel, facility, or instrumentality of interstate or foreign commerce or traveled in or affected interstate or foreign commerce.

(d) Extraterritorial application

This section applies if the individual who has violated subsection (a) or the identifiable individual who is a victim of the violation of subsection (a) is a national of the United States (as such term is defined in section 101(a) of the Immigration and Nationality Act).

(e) 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), 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).

(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, 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; and

(D)

an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934.

(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.

(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: