S. 1837: DEFIANCE Act of 2025
Sponsor
Richard Durbin
Democrat · IL
Bill Progress
Latest Action · Jan 13, 2026
Passed the Senate, received in House
A "fake" label won't stop deepfake porn lawsuits
Why it matters
Victims of AI-generated sexual images would get a federal right to sue for $150,000, rising to $250,000 when the fakes are tied to stalking, harassment, or sexual assault, plus a court order to delete the content. And it would apply even when the image is openly labeled fake.
S. 1837, the DEFIANCE Act of 2025, builds on a 2022 law that already lets people sue when their real intimate images are shared without consent. This bill stretches that same right to cover "intimate digital forgeries" — fakes built with software, AI, or machine learning that a reasonable person can't tell from the real thing.
The core move is who you can hold liable. You can sue someone who creates the forgery, possesses it intending to share it, distributes it, or knowingly asks for and receives it, as long as they knew or recklessly ignored that you didn't consent.
A standard claim is worth $150,000 in liquidated damages. That jumps to $250,000 when the fake is connected to actual or attempted sexual assault, stalking, or harassment. Winners also recover attorney fees, and can pursue the defendant's profits on top.
The filing window is unusually long: 10 years from the later of when you reasonably discover the violation or when you turn 18. For minors, the clock effectively doesn't start until adulthood, and a guardian can sue in the meantime. The bill leaves stronger state and Tribal laws fully intact.
The Senate passed it by unanimous consent on January 13, 2026. It now sits in the House, where it still has to pass before it can become law.
S. 1837 Bill Summary
What S. 1837 actually does.
AI fakes get the same lawsuit as real leaked images
The bill extends an existing federal cause of action for nonconsensual intimate images to cover "intimate digital forgeries" — fakes created with software, machine learning, or AI that are indistinguishable from a real depiction to a reasonable person when viewed as a whole.
A "fake" disclaimer is no defense
An image still qualifies as an intimate digital forgery even if a label, accompanying information, or the context it's posted in says or implies that it isn't authentic. The bill's findings argue the harm to victims isn't reduced by a disclaimer.
Damages of $150,000, or $250,000 in aggravated cases
Standard liquidated damages are $150,000. They rise to $250,000 when the conduct was committed in connection with, or directly caused, actual or attempted sexual assault, stalking, or harassment of the victim.
Liability reaches creators, sharers, and requesters
A victim can sue anyone who knowingly produced a forgery, possessed it with intent to disclose, knowingly disclosed it, or knowingly solicited and received it, provided the person knew or recklessly disregarded the lack of consent and the activity touched interstate or foreign commerce.
10-year window, with the clock paused for minors
A claim can be filed within 10 years from the later of two dates: when the victim reasonably discovers the violation, or when the victim turns 18. A legal guardian can sue on behalf of someone who is under 18, incompetent, incapacitated, or deceased.
Courts can order deletion and protect the victim's name
Judges can order the image deleted, destroyed, or taken down through restraining orders and injunctions. They can also let the plaintiff use a pseudonym, redact identifying details, seal filings, and keep the forgery in the court's custody during discovery.
Stronger state and Tribal laws stay in force
The bill does not preempt or limit any state or Tribal law that is at least as protective of victims. It also includes a severability clause and states it doesn't change intellectual property law.
Who benefits from S. 1837?
People targeted by AI-generated sexual fakes
They gain a direct federal lawsuit worth $150,000, or $250,000 in cases tied to sexual assault, stalking, or harassment, along with attorney fees and a court order forcing the content offline.
Minors whose images surface years later
Because the 10-year clock runs from the later of discovery or the victim's 18th birthday, someone abused as a child can still sue well into adulthood, even if the fakes circulated for years before they found out.
Families acting for a victim who can't
Legal guardians can bring the case on behalf of a victim who is under 18, incompetent, incapacitated, or deceased.
Victims afraid that suing will spread the images further
Privacy protections let plaintiffs file under a pseudonym, redact personal details, seal records, and keep the forgery under the court's control, so going to court doesn't mean broadcasting the material again.
Who is affected by S. 1837?
People who create intimate deepfakes
Anyone who knowingly produces a forgery faces a lawsuit if they knew or recklessly disregarded that the subject didn't consent and was harmed or reasonably likely to be harmed.
People who share or request the images
Liability reaches beyond the original creator to anyone who possesses a forgery intending to disclose it, knowingly distributes it, or knowingly solicits and receives it.
Online operators working across state lines
The lawsuit applies whenever the conduct is in or affects interstate or foreign commerce, or uses any facility of it, which sweeps in most internet-based distribution.
Defendants who profited from the content
On top of liquidated damages, a victim can recover the defendant's profits. The plaintiff only has to show gross revenue; the defendant has to prove which expenses and profits came from something other than the conduct.
What Congress Is Saying
S. 1837 has come up 7 times in the Congressional Record so far.
I rise today to ask the Senate to pass the DEFIANCE Act — bipartisan legislation that gives victims of nonconsensual, sexually explicit deepfakes the tools to fight back against those who would exploit them. With the push of a button, generative AI can swap someone's face onto another person's body, remove that person's clothing so they appear nude, or undress someone to show them in lingerie or other exposed positions. That is why this legislation is critical, because this legislation says that if they are guilty of such reckless misconduct, they can be sued for it and held civilly liable for the damages.
S. 1837 also appeared in 1 more Senate floor reference and 1 routine cosponsor filing.
S1837 Legislative Journey
Passed 143-147
Jan 13, 2026
Passed Senate without amendment by Unanimous Consent. (consideration: CR S143-147; text: CR S145-146)
+6 more actions this day
Committee Action
May 21, 2025
Read twice and referred to the Committee on the Judiciary. (text: CR S3059-3060)
About the Sponsor
Richard Durbin
Democrat, IL · 43 years in Congress
Committees: the Judiciary, Appropriations, Agriculture, Nutrition, and Forestry
View full profile →
Cosponsors (8)
This bill has 8 cosponsors: 4 Democrats, 3 Republicans, 1 Independent, reflecting bipartisan support. Cosponsors represent 8 states: Maine, Minnesota, Missouri, and 5 more.
Committee Sponsors
Judiciary Committee
5 of 22 committee members cosponsored
8 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
S. 1837 Quick Facts
- Committee
- Judiciary
- Chamber
- Senate
- Policy
- Crime and Law Enforcement
- Introduced
- May 21, 2025
Passed the Senate, received in House
Jan 13, 2026
Official Sources
Official bill page for the DEFIANCE Act of 2025 with status, text, sponsors, and actions.
The existing federal statute S. 1837 amends to extend the civil lawsuit to AI-generated "intimate digital forgeries."
Full text of the bill as passed by the Senate by unanimous consent on January 13, 2026.
The companion civil-remedy statute the bill cross-references to bar duplicative recovery for the same conduct.
The 2022 law that created the original nonconsensual intimate-images cause of action this bill builds on.
Who is lobbying on S. 1837?
2 organizations lobbying on this bill
VERIZON COMMUNICATIONS INC AND ITS SUBSIDIARIES | 6 |
ENTOMOLOGICAL SOCIETY OF AMERICA | 2 |
Showing 1-2 of 2 organizations
S. 1837 Common Questions
How much can you sue for over deepfake porn under the DEFIANCE Act?
You can recover $150,000 in liquidated damages, or $250,000 if the fake was tied to actual or attempted sexual assault, stalking, or harassment. Winners also get attorney fees and can pursue the defendant's profits on top.
Can you force a website or person to delete a sexual deepfake?
Yes. A judge can issue a restraining order or injunction ordering the defendant to delete, destroy, or stop displaying the image. The court can also keep the file in its own custody during the case.
How long do you have to sue over a sexual deepfake?
Up to 10 years, counted from the later of when you reasonably discover the violation or the day you turn 18. For minors, that means the clock can keep running well into adulthood, and a guardian can sue in the meantime.
Does a deepfake still count if it's labeled fake?
Yes. The image still qualifies even if a label, disclaimer, or the surrounding context says it isn't real. The bill's findings argue that calling it fake doesn't undo the harm to the person depicted.
What counts as an "intimate digital forgery" under the DEFIANCE Act?
It's a fake intimate image of a real, identifiable person built with software, AI, machine learning, or similar tools, and realistic enough that a reasonable person can't tell it apart from a genuine image.
Can you sue someone who only asked for or received a deepfake?
Yes. Liability reaches beyond the creator to anyone who knowingly solicited and received the forgery, possessed it intending to share it, or distributed it, as long as they knew or recklessly ignored the lack of consent.
Can you sue anonymously over a deepfake?
Yes. Courts can let you file under a pseudonym, redact your identifying details, seal documents, and issue protective orders, so going to court doesn't spread the material any further.
Does the DEFIANCE Act override stronger state deepfake laws?
No. It leaves in place any state or Tribal law that protects victims at least as much as the federal standard, and lets those governments keep passing their own.
Based on S. 1837 bill text
S. 1837 Bill Text
“To improve rights to relief for individuals affected by non-consensual activities involving intimate digital forgeries, and for other purposes.”
Source: U.S. Government Publishing Office
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