The DEFIANCE Act (Disrupt Explicit Forged Images and Non-Consensual Edits Act) would create a federal civil cause of action for victims of non-consensual sexually explicit deepfakes, complementing the criminal protections in the TAKE IT DOWN Act. Co-sponsored by Senators Durbin and Graham, the bill passed the Senate unanimously in January 2026 and is awaiting a House vote.

• Civil claims by identifiable victims against creators, distributors, solicitors, and knowing hosts of non-consensual sexually explicit deepfakes
• “Digital forgeries” indistinguishable from authentic visual depictions, showing the victim nude or in sexually explicit scenarios
• Living individuals who can be identified from the digital forgery

• Liquidated damages of $150,000 per violation, increased to $250,000 for cases involving sexual assault, stalking, or harassment
• 10-year statute of limitations and pseudonymous filing protections
• Attorney’s fees recoverable
• Builds on existing state-law remedies; does not preempt them