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Debate on unauthorized intimate-image felony adjourned after subcommittee discussion

2316032 · February 13, 2025
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Summary

The subcommittee began consideration of H.3058, a bill that would create a felony for intentionally disseminating intimate or digitally forged intimate images without consent, but adjourned debate because the full House went into session; sponsors indicated willingness to consider adding threats to disseminate as an amendment.

The House Judiciary Subcommittee opened consideration of House Bill H.3058, which would criminalize the intentional dissemination of intimate images or digitally forged intimate images without the effective consent of the depicted person, but adjourned further debate when the House went into session.

Under the bill as presented, a “digitally forged intimate image” is any altered or fabricated image that falsely depicts an individual in intimate or sexual conduct, including those generated or modified using machine learning techniques. The measure defines an “intimate image” as a photo or video of an identifiable person showing explicit sexual conduct. The bill would allow separate charges if multiple images of the same person are involved and would bar duplication of such images for criminal discovery purposes.

Penalties described to the subcommittee include a first felony offense punishable by up to five years in prison and a $5,000 fine; a second offense would carry a prison range of one to 10 years and fines up to $10,000. The bill includes an exception permitting law enforcement to create intimate or digitally forged images during lawful criminal investigations.

Representative Wooten, the sponsor, described scenarios in which consensual private images are later used for harassment, blackmail or exploitation, and urged the committee to advance the bill. Representative McCabe asked whether the statute should also criminalize threats to disseminate intimate images; Wooten said he would not oppose an amendment to add threats and invited work with counsel on language.

Before the panel could complete deliberations, the chair noted that the full House had come into session and moved to adjourn debate; members approved the adjournment, and the bill will be set on a future subcommittee agenda for further consideration.

Outcome: Debate adjourned; no final vote on H.3058 was recorded by the subcommittee.