S. 1837: DEFIANCE Act of 2025
Sponsor
Richard Durbin
Democrat · IL
Bill Progress
Latest Action · Jan 13, 2026
Passed the Senate, received in House
Why it matters
As AI-generated sexual deepfakes spread faster online, the bill gives victims a new federal path to sue for up to $250,000 and force content removal.
The time window to sue is unusually long: 10 years from the later of when the victim reasonably discovers the violation or when the victim turns 18. That matters especially for minors whose images may circulate for years before they know about them. Legal guardians can sue for someone under 18, incompetent, incapacitated, or deceased. The bill does not wipe out stronger State or Tribal laws; it explicitly says those laws remain in place if they are at least as protective of victim rights. The Senate passed the bill on January 13, 2026, but it still must complete the rest of the legislative process before becoming law.
What does S. 1837 do?
New federal lawsuits for deepfake porn and leaks
The bill lets an identifiable individual sue in United States District Court over nonconsensual disclosure of intimate images and over an "intimate digital forgery." It covers people who knowingly produce, possess with intent to disclose, disclose, or solicit and receive the forgery, as long as they knew or recklessly disregarded that the person did not consent.
Defines AI fakes even if labeled fake
An "intimate digital forgery" is an intimate visual depiction that falsely represents the person or the intimate conduct, is created using software, machine learning, artificial intelligence, or other computer-generated means, and is indistinguishable from a real image to a reasonable person when viewed as a whole. The bill says this still counts even if a label or surrounding context says or implies the image is not authentic.
Victims can get $150,000 or $250,000
The standard liquidated damages amount is $150,000. That rises to $250,000 if the conduct was committed in relation to, or was the direct or proximate cause of, actual or attempted sexual assault, stalking, or harassment.
10-year filing window, extended for minors
A lawsuit can be filed within 10 years from the later of two dates: when the victim reasonably discovers the violation or when the victim reaches 18 years of age. Legal guardians may sue for someone who is under 18, incompetent, incapacitated, or deceased.
Courts can order deletion and sealed filings
Judges may issue temporary, preliminary, or permanent injunctions, including orders for deletion, destruction, or stopping display of the image. Courts may also allow pseudonyms, redact personal identifying information, seal filings, and issue protective orders during discovery, including keeping the forgery in court custody.
States and Tribes can keep stronger laws
The bill does not preempt State or Tribal laws that are at least as protective of victim rights as the federal standard. It also includes a severability clause and says it does not limit or expand intellectual property law.
Who benefits from S. 1837?
Victims of AI-generated sexual deepfakes
They gain a direct federal right to sue for up to $150,000 in standard liquidated damages or $250,000 in aggravated cases tied to sexual assault, stalking, or harassment, plus attorney fees and court orders to delete the content.
Minors targeted by intimate image abuse
People harmed before age 18 get extra time to act because the 10-year clock runs from the later of discovery or their 18th birthday. A legal guardian can bring the case while the victim is still under 18.
Families and guardians of vulnerable victims
Legal guardians may sue on behalf of someone who is under 18, incompetent, incapacitated, or deceased, giving families a way to pursue relief when the victim cannot do so personally.
Victims worried about privacy in court
They can ask for pseudonyms, redaction of personal identifying information, sealed filings, and protective orders, reducing the risk that suing will spread the intimate material even further.
Who is affected by S. 1837?
People who create sexual deepfakes
Anyone who knowingly produces an intimate digital forgery can be sued if they knew or recklessly disregarded the lack of consent and the victim was harmed or reasonably likely to be harmed.
People who share or traffic in nonconsensual intimate images
The bill reaches not just posters but also people who knowingly possess a forgery with intent to disclose, knowingly disclose it, or knowingly solicit or receive it, exposing them to damages of $150,000 or $250,000 in some cases.
Online actors operating across state or national lines
The federal cause of action applies when the conduct is in or affects interstate or foreign commerce, or uses any means or facility of interstate or foreign commerce, which will capture many internet-based cases.
Defendants making money from abuse images
They may have to pay actual damages including profits attributable to the conduct. The plaintiff needs to prove only gross revenue, while the defendant must prove deductible expenses and any profits caused by other factors.
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
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 AI deepfake porn under the DEFIANCE Act?
Under the DEFIANCE Act of 2025, victims can seek $150,000 in liquidated damages, or $250,000 if the conduct involved or caused sexual assault, stalking, or harassment (Section 3).
Can victims of deepfake porn force websites or defendants to delete the images?
Yes. Under the DEFIANCE Act of 2025, a court may issue temporary, preliminary, or permanent injunctions, including orders to delete, destroy, or stop displaying the image (Section 3).
How long do victims have to sue over a sexual deepfake under the DEFIANCE Act?
According to S.1837 Section 3, the filing window is 10 years from the later of when the victim reasonably discovers the violation or when the victim turns 18.
Can a minor sue for deepfake porn after turning 18?
Yes. Under the DEFIANCE Act of 2025, the 10-year clock runs from the later of discovery or the date the victim reaches age 18 (Section 3).
Does a deepfake still count if it is labeled fake or shown with a disclaimer?
Yes. Under the DEFIANCE Act of 2025, an intimate digital forgery still qualifies even if a label or surrounding context says or implies it is not authentic (Section 3).
What counts as an intimate digital forgery under the DEFIANCE Act?
Under the DEFIANCE Act of 2025, it is a fake intimate visual depiction made with software, AI, machine learning, or similar means that appears real to a reasonable person (Section 3).
Can someone sue a person who only solicits or receives a sexual deepfake?
Yes. According to S.1837 Section 3, victims may sue a person who knowingly solicits and receives an intimate digital forgery without consent.
Can a parent or legal guardian file a deepfake porn lawsuit for a child or deceased victim?
Yes. Under the DEFIANCE Act of 2025, legal guardians may sue for someone who is under 18, incompetent, incapacitated, or deceased (Section 3).
Can victims of deepfake porn sue anonymously in federal court?
Yes. Under the DEFIANCE Act of 2025, courts may allow pseudonyms, redact identifying information, seal filings, and issue discovery protective orders (Section 3).
Does the DEFIANCE Act override stronger state or Tribal deepfake laws?
No. According to S.1837 Section 3, the Act does not impair State or Tribal law, and those governments may keep or adopt laws at least as protective of victim rights.
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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