[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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