Pending legislation — not current federal law.The provisions described as part of this bill would take effect only if enacted.

About The DEFIANCE Act

Legislative history, scope, definitions, and the relationship between this measure and existing federal law.

Purpose and legal framework

S.1837 would amend section 1309 of the Consolidated Appropriations Act, 2022, codified at 15 U.S.C. § 6851. That existing law provides a federal civil action for certain nonconsensual disclosures of intimate visual depictions.

The proposal defines intimate digital forgeries and makes clear that a label saying an image is fake does not remove it from the proposed definition.

Current status

StatusPassed Senate — pending in House

S.1837 passed the Senate January 13, 2026 · It has not become law

The word “Act” is part of the bill’s short title; it does not mean that the measure has been enacted.

Key definitions

Intimate digital forgery

A covered realistic visual depiction created or altered using digital technology to depict an identifiable person in specified intimate content that did not occur.

Identifiable individual

A person recognizable from the depiction itself or information displayed with it.

Consent

The bill uses a specific voluntary-consent standard and separately evaluates consent to production, possession, disclosure, solicitation, and receipt.

Legislative history

  1. May 21, 2025S.1837 is introduced in the Senate.
  2. January 13, 2026Senate passes S.1837 without amendment by unanimous consent.
  3. January 13, 2026The bill is received in the House and held at the desk.
  4. Current statusHouse passage and presidential signature would still be required for enactment.

Related laws and proposals