DEFIANCE Act: Deepfake Porn Victims Can Sue for $150K+

The Senate passed the DEFIANCE Act unanimously on January 13, 2026, giving victims of nonconsensual sexually explicit deepfakes a federal civil right to sue creators, distributors, and possessors. Statutory damages start at $150,000 per violation, rising to $250,000 when the deepfake is linked to sexual assault or stalking. A House companion bill awaits a floor vote.

What the DEFIANCE Act Does

DEFIANCE stands for the Disrupt Explicit Forged Images and Non-Consensual Edits Act. It amends federal law to create a new civil right of action for any identifiable individual harmed by nonconsensual sexually explicit deepfakes, whether AI-generated or photoshopped.

Under the bill, victims can sue anyone who:

• Knowingly produces an intimate digital forgery (an AI deepfake) or intimate image forgery (photoshopped).
• Distributes, displays, or discloses such images.
• Solicits or receives such images with intent to distribute.
• Possesses the images with intent to distribute or sell.

The remedy is entirely civil, not criminal. Victims file lawsuits; no prosecution is required.

Damages: $150K Base, $250K Enhanced

The bill sets statutory damages (meaning victims don't have to prove actual harm):

• $150,000 per violation as the baseline award.
• $250,000 per violation if the deepfake is connected to sexual assault, stalking, harassment, or abuse.

These are liquidated damages, meaning courts apply them automatically once a violation is proven. Victims can also recover actual damages (medical bills, therapy costs, lost wages from shame-related job loss) and may be awarded punitive damages if the defendant's conduct was egregious.

All prevailing plaintiffs recover attorney fees and litigation costs, a critical safeguard that lets victims sue without fearing legal bankruptcy.

10-Year Statute of Limitations

Victims have 10 years from discovery of the violation to file suit, or until their 18th birthday if they were minors when the images circulated. This is crucial because many deepfake victims don't immediately discover they've been targeted; a victim might only find out years later through a tip or social media alert.

Court Orders: Takedowns and Injunctions

Beyond money, courts can issue:

• Permanent injunctions ordering the defendant to stop distributing or displaying the images.
• Deletion orders requiring the defendant to destroy deepfakes and take-down requests.
• Temporary restraining orders and preliminary injunctions to stop harm while the case proceeds.

The Press Conference: Paris Hilton and AOC Join Forces

On January 22, 2026, the bill's House sponsors, Representatives Alexandria Ocasio-Cortez (D-NY) and Laurel Lee (R-FL), held a press conference on Capitol Hill. Paris Hilton joined them.

Hilton opened up about her own experience: "When I was 19 years old, a private, intimate video of me was shared with the world without my consent. People called it a scandal. It wasn't, it was abuse."

She revealed that over 100,000 deepfake images of her are currently circulating online.

AOC, speaking as a survivor of sexual assault, connected the bill to her own trauma: "As a survivor of sexual assault myself, this resurfaces trauma for so many people across the country."

AOC also revealed that she has been targeted by Grok users who generated nonconsensual images of her using the AI image tool. She urged Speaker Mike Johnson to bring the bill to the House floor immediately.

Lee, the Republican cosponsor from Florida, emphasized the bipartisan nature of the issue. Deepfake abuse crosses party lines and affects women across the political spectrum.

The Grok Crisis: Why Now?

The DEFIANCE Act didn't come out of nowhere. On December 20, 2025, Elon Musk announced that Grok, xAI's ChatGPT-like assistant integrated into X (formerly Twitter), could generate and edit images. Almost immediately, users began weaponizing the tool to create nonconsensual deepfake pornography.

In just nine days, researchers at The New York Times and the Center for Countering Digital Hate found that Grok generated 1.8 million sexualized images of women. The chatbot also created approximately 23,000 sexualized images of children during an 11-day period.

Users would respond to a photograph with simple requests like "put her in a bikini," and Grok would publicly reply with a generated image, sometimes of real people with no consent. The tool was indiscriminate, targeting celebrities and private individuals alike.

After weeks of criticism, xAI limited image generation to paid X Premium subscribers, which critics argued simply monetized nonconsensual abuse rather than stopping it. The crisis galvanized Congress and pushed the DEFIANCE Act toward a Senate vote just weeks later.

Where Is the Bill Now? House Gridlock

The Senate passed the DEFIANCE Act unanimously, a rare bipartisan victory in a polarized Congress. But the House is a different story.

As of April 2026, the bill remains "held at the desk" in the House, meaning leadership hasn't scheduled it for a floor vote. Representatives Ocasio-Cortez and Lee have introduced a companion bill (H.R. version) and gathered 10+ bipartisan cosponsors, but momentum has stalled.

At the January press conference, Lee indicated optimism that the bill would move to the House Judiciary Committee "soon" and then to the floor. Yet three months later, no vote has occurred. House leadership has not publicly explained the delay, though observers speculate that other legislative priorities (appropriations, defense bills) are consuming floor time.

For the bill to become law, it must pass the House and be signed by the President. With Senate passage already secured, the pressure now falls on House leadership.

Related Federal Legislation: The TAKE IT DOWN Act

Congress has been moving on deepfake and nonconsensual imagery on multiple fronts. In May 2025, President Trump signed the TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks) into law.

The TAKE IT DOWN Act is a criminal statute, not a civil remedy. It makes it a federal crime to knowingly distribute nonconsensual intimate imagery, real or AI-generated. Platforms must remove such content within 48 hours of receiving a valid takedown notice and make reasonable efforts to find and delete copies.

Covered platforms must implement a compliant notice-and-takedown process by May 19, 2026, or face FTC enforcement. Failure to comply is an unfair and deceptive trade practice.

The DEFIANCE Act complements TAKE IT DOWN by giving individual victims a private right to sue for money damages, while TAKE IT DOWN criminalizes distribution and puts obligations on platforms.

State Deepfake Laws: A Patchwork Landscape

By January 2026, 47 states had enacted some form of deepfake legislation. Most state laws focus on:

• Political deepfakes: 28 states require clear disclaimers on AI-generated political ads and videos.
• Intimate imagery laws: 40+ states have criminalized nonconsensual pornography (deepfakes and real images alike).
• Civil remedies: Some states (Texas, California, Virginia) have added civil causes of action for deepfake victims.

The DEFIANCE Act would establish a federal baseline, giving victims a right to sue in federal court regardless of their state of residence. This is critical for victims in states without robust state-level protections and for cases involving multistate distribution.

Who Does the DEFIANCE Act Protect?

The bill protects "identifiable individuals," anyone depicted in the deepfake whose identity is recognizable. This includes:

• Real people: Private citizens, celebrities, activists, journalists.
• Minors: Especially important given that Grok created thousands of sexualized images of children.
• Non-U.S. citizens: The text does not limit protection to Americans; international victims could potentially sue in U.S. courts if the defendant is located in the U.S. or if distribution occurred within U.S. borders.

The plaintiff does not need to prove the deepfake is realistic or that they suffered emotional harm. The statute itself presumes harm; statutory damages apply automatically upon proof of a violation.

What About AI Companies? The Liability Debate

A key question remains unanswered: Can victims sue the AI company itself, like xAI or OpenAI, or only the human who created the image?

The DEFIANCE Act's text targets "individuals" who produce, distribute, or possess deepfakes. It does not explicitly create liability for the AI platform or tool provider. Observers note this reflects a compromise: some lawmakers wanted to hold AI companies responsible; others argued that would stifle innovation and shift liability away from bad actors.

However, the TAKE IT DOWN Act does create platform liability. Social media sites must remove NCII or face FTC enforcement. And emerging civil lawsuits against xAI (filed by three girls alleging Grok generated child sexual abuse material from their photos) suggest courts may eventually extend liability to AI tool providers.

The DEFIANCE Act as currently written focuses on individual perpetrators. If the House passes it, expect debate on whether to expand scope to AI companies.

Deepfake Porn by the Numbers

Deepfake pornography is the dominant form of nonconsensual deepfake abuse:

• 96–98% of all deepfakes online are pornographic.
• 99–100% of deepfake pornography victims are female.
• 464% growth in deepfake porn from 2022 to 2023.
• 4,000+ female celebrities cataloged on the top deepfake porn websites.
• 2.2% of respondents in a 10-country survey reported personal victimization; 1.8% reported perpetration.

Among minors:

• 1 in 8 teens aged 13–20 personally know someone targeted by deepfake nudes.
• 1 in 10 teens aged 13–17 know a victim.
• 1 in 17 teens have been targets themselves.

The statistics underscore why the DEFIANCE Act is urgent. Deepfake pornography is no longer a rare, shocking novelty, it is an epidemic.

Frequently Asked Questions

Can I sue anonymously under the DEFIANCE Act?

No. You must file the lawsuit (or have your attorney file it) in your name, though your case caption and pleadings may be partially sealed to protect your privacy. The defendant has the right to know who is suing them, but a judge may issue protective orders to limit public disclosure of identifying details.

Do I have to go to criminal court first?

No. The DEFIANCE Act is purely civil. You do not need to file a police report or wait for a criminal prosecution. You sue directly in federal court (or state court; the statute does not limit venue). However, if a criminal case is already underway, evidence from that case may be helpful.

What if the defendant is broke or judgment-proof?

Winning a judgment does not guarantee you'll collect money. If the defendant has no assets or income, collecting can be difficult. However, federal law allows you to garnish wages, place liens on property, and pursue post-judgment enforcement. Many civil plaintiffs use attorneys who work on contingency (taking a percentage of any recovery), so upfront cost is minimal.

Can I sue the platform where the image was posted?

The DEFIANCE Act applies to individuals who produced or distributed the images, not to the platforms themselves. However, the TAKE IT DOWN Act creates platform liability for failure to remove nonconsensual imagery upon notice. Additionally, state laws and emerging civil lawsuits may create platform liability. Consult an attorney for jurisdiction-specific rules.

Is this a criminal law or civil law?

This is purely civil. No one goes to jail under the DEFIANCE Act. If you want criminal charges, that is a separate matter handled by prosecutors, not by victims suing for damages.

What if the deepfake is of a dead person?

The statute protects "identifiable individuals." It is unclear whether estates or surviving family members can sue on behalf of a deceased person. This issue will likely be decided in early cases. Some state laws allow relatives to sue for nonconsensual pornography of the deceased; the DEFIANCE Act may follow that pattern, but the text does not explicitly address it.

How do I prove the image is a deepfake?

You'll likely need expert testimony or forensic analysis showing the image is AI-generated or photoshopped. Digital forensics can detect artifacts, unnatural lighting, or inconsistencies that prove the image is not real. Your attorney will retain an expert to provide evidence at trial or in summary judgment motions.

Can I get injunctions before trial?

Yes. You can request a temporary restraining order (TRO) to stop the defendant from continuing to distribute the image while the case is ongoing. If you win the TRO, it may become a preliminary injunction pending trial, and a permanent injunction if you ultimately prevail. Injunctions are powerful remedies for stopping ongoing harm.