Pending legislation — not current federal law.The provisions described as part of this bill would take effect only if enacted.
Proposed duties and compliance
The bill would impose civil liability on people who engage in specified conduct with the required knowledge or reckless disregard.
Requirements if enacted
- Obtain consentProduction, possession with intent to disclose, disclosure, and solicitation or receipt would be evaluated separately under the proposal’s consent requirements.
- Do not rely on a ‘fake’ labelCalling the material artificial or fictional would not by itself place it outside the bill’s definition.
- Comply with court ordersA court could order deletion or destruction and prohibit further display or disclosure.
- Preserve stronger state protectionsThe bill states that it would not preempt Federal, State, or Tribal protections that are at least as protective.
Proposed damages and court orders
The Senate-passed bill would permit liquidated damages of $150,000, or $250,000 for specified conduct connected to sexual assault, stalking, or harassment, as an alternative to actual damages. Courts could also award litigation costs, punitive damages, and equitable relief under the bill’s standards.
Use the controlling text
Coverage, exceptions, knowledge standards, definitions, remedies, and effective dates must be evaluated from the full statutory or legislative text. Agency guidance can explain requirements but does not replace the text.