DEFIANCE Act
Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025
Creates federal civil remedy for victims of nonconsensual AI-generated intimate imagery (deepfake porn). Allows victims to sue creators, distributors, solicitors, and possessors with intent to distribute.
Jurisdiction
United States
Enacted
Pending
Effective
TBD
Enforcement
Federal courts (civil remedy)
Passed Senate unanimously Jan 13, 2026 (second passage; first passed 2024 but stalled in House). Awaiting House vote.
S.1837 - 119th CongressWhy It Matters
First federal civil remedy for AI-generated nonconsensual intimate imagery. Creates liability for chatbot developers whose systems can generate images, and platforms that allow sharing of such content. 'Solicitation' provision means asking a chatbot to create such content could be actionable.
Recent Developments
Senate passed Jan 13, 2026 following Grok deepfake controversy that generated momentum for the bill. House prospects uncertain - failed to pass in previous session.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Creators of AI-generated intimate imagery without consent
- Distributors and publishers of nonconsensual deepfakes
- Those who solicit or commission nonconsensual intimate deepfakes
- Anyone possessing such content with intent to distribute
Obligations fall on:
Safety Provisions
- Civil liability for anyone who knowingly produces, distributes, solicits, or possesses with intent to distribute nonconsensual intimate digital forgeries
- Victims can seek damages up to $150,000 per violation plus attorney fees
- 10-year statute of limitations, tolled until victim learns of violation or turns 18 (whichever is later)
- Applies to 'digital forgeries' created through AI/ML/software that are indistinguishable from authentic visual depictions
Compliance & Enforcement
Penalties
$150K/violation
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
View on map
United States
Focus Areas
Cite This
APA
United States. (n.d.). Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2025.
Related Regulations
TAKE IT DOWN Act
First federal law addressing AI-generated intimate imagery. Criminalizes publication of nonconsensual intimate imagery (NCII) including AI "digital forgeries." Creates 48-hour takedown obligation for platforms.
State AG AI Warning
Coordinated state AG warnings: 44 AGs (Aug 25, 2025, led by TN, IL, NC, and SC AGs) and 42 AGs (Dec 2025, led by PA AG) to OpenAI, Meta, and others citing chatbots "flirting with children, encouraging self-harm, and engaging in sexual conversations."
SD Deepfakes Act
Prohibits disseminating deepfakes about candidates within 90 days of election with intent to cause injury. Class 1 misdemeanor with up to 1 year imprisonment and $2,000 fine. Affirmative defense for content with AI manipulation disclosure. Civil remedies available to AG, candidates, and depicted individuals.
RI Intimate Deepfakes Act
Establishes criminal penalties for distributing synthetic intimate imagery (AI-generated deepfake pornography) without consent. Creates civil remedies for victims. Protects internet service providers from liability for third-party content.
AR HB 1071
Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.
SC AI CSAM & Intimate Images Law
S.28 creates offense of obscene visual representations of child sexual abuse, including AI-generated CSAM. S.29 addresses morphed images of identifiable minors. Both bills criminalize creation, possession, and distribution of AI-generated sexual images without consent. Offenders added to sex offender registry.
Last updated February 17, 2026. Verify against primary sources before relying on this information.