Who it would protect
Identifiable individuals depicted in nonconsensual intimate digital forgeries, including people harmed by the production of such material.
Pending legislation — not current federal law.The provisions described as part of this bill would take effect only if enacted.
Legislative status
S.1837 passed the Senate but has not passed the House and is not federal law. The remedies described on this site are proposed provisions of the Senate-passed bill.
What the bill would do
The DEFIANCE Act would amend the federal civil cause of action created in 2022 for nonconsensual intimate imagery. Its central purpose is to expressly cover realistic intimate digital forgeries and conduct occurring before an image is publicly distributed.
Under the Senate-passed text, a depicted person could seek damages, litigation costs, punitive damages where appropriate, and court orders requiring a defendant to delete, destroy, or stop displaying or disclosing covered material.
The proposal is separate from the enacted TAKE IT DOWN Act. TAKE IT DOWN already creates federal criminal prohibitions and a platform notice-and-removal system; DEFIANCE focuses on additional civil claims against responsible persons.
Key dates
| Date | Milestone |
|---|---|
| May 21, 2025 | S.1837 is introduced in the Senate. |
| January 13, 2026 | Senate passes S.1837 without amendment by unanimous consent. |
| January 13, 2026 | The bill is received in the House and held at the desk. |
| Current status | House passage and presidential signature would still be required for enactment. |
In brief
Conduct it would cover
Specified knowing production, possession with intent to disclose, disclosure, solicitation, or receipt without the depicted person’s consent.
Relief it would provide
Liquidated or actual damages, litigation costs, potential punitive damages, privacy protections, and injunctive relief.
Legislative proposal: The bill’s provisions are not enforceable unless Congress passes and the President signs the legislation.
Proposed damages and court orders
The Senate-passed bill would permit liquidated damages of $150,000, or $250,000 for specified conduct connected to sexual assault, stalking, or harassment, as an alternative to actual damages. Courts could also award litigation costs, punitive damages, and equitable relief under the bill’s standards.