Proposal would make nonconsensual realistic sexual images a crime

A person who intentionally creates or shares a covered image without consent would commit a crime. The image must realistically show an identifiable person nude, exposing intimate parts, or engaging in a sexual act that the original image did not show. The person must know, or reasonably should know, that the person shown did not consent. The person shown must be identifiable from the image or personal information displayed with it. The prohibition would apply to crimes committed on or after August 1, 2026.

A violation would be a felony, with higher maximum penalties if at least one listed factor applies. These penalties would apply to anyone who violates the proposed prohibition. The basic maximum would be five years in prison, a $10,000 fine, or both. With an aggravating factor, the maximum would be ten years in prison, a $20,000 fine, or both. Factors include financial loss, intent to profit or harass, running a service to create or share such images, posting an image online, certain illegal ways of getting the original material, or a prior conviction for specified offenses. The penalties would apply to crimes committed on or after August 1, 2026.

The proposed section would exempt certain uses of these images and shield named providers from criminal liability for content supplied by another person. The exemptions cover specified uses; the protection from criminal liability covers interactive computer services, public mobile services, private radio services, telecommunications networks, and broadband providers. Exempt uses include investigations, reporting unlawful conduct, protected medical or mental health treatment, certain commercial settings, and qualifying public interest, research, educational, or legal uses. Some uses require clear labeling, good faith, limits on further sharing, or a court order, as specified in the text. These provisions would apply to crimes committed on or after August 1, 2026.