S.Amdt. 6162

The Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2026, also known as the DEFIANCE Act of 2026, is an amendment intended to be added to bill S. 4784. Its purpose is to address the harms caused by non-consensual, sexually intimate digital forgeries, which the text identifies as a form of image-based sexual abuse.

The amendment aims to change and add the following to the law:

• Civil Action Rights: It allows an identifiable individual to bring a civil action in U.S. district court against people who knowingly produce, possess with intent to disclose, disclose, or solicit and receive intimate digital forgeries without consent.

• Expanded Definitions: It adds definitions for identifiable individual and intimate digital forgery, specifying that forgeries created via AI, machine learning, or other technological means are covered, regardless of whether they are labeled as fake.

• Relief and Damages: It establishes that victims can recover:

  • Liquidated damages of $150,000, or $250,000 if the conduct is related to stalking, harassment, or sexual assault.
  • Actual damages, including the defendant's profits.
  • The cost of the action, including reasonable attorney fees.
  • Punitive damages or equitable relief, such as orders to delete or destroy the forged content.

• Victim Protections: It allows courts to protect a plaintiff's privacy through the use of pseudonyms, redacting personal information, or filing documents under seal.

• Legal Framework: It sets a statute of limitations of 10 years from the date the individual discovers the violation or turns 18. It also ensures that this title does not supersede or limit existing Federal, State, or Tribal laws.