S. 146Senate119th Congress (2025-2027)Enacted

TAKE IT DOWN Act

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced January 16, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:29 AM UTC

The TAKE IT DOWN Act makes it a federal crime to knowingly publish nonconsensual intimate images or digitally forged (deepfake) depictions of adults or minors, with harsher penalties for offenses involving minors. It requires major user‑generated content platforms to set up a notice‑and‑removal system within a year and to delete reported material within 48 hours. The Federal Trade Commission is given authority to enforce the takedown rules and treat non‑compliance as an unfair or deceptive practice.

Key Provisions

  • Defines key terms such as consent, digital forgery, intimate visual depiction, identifiable individual, and minor.
  • Criminalizes publishing nonconsensual intimate images of adults when the person had a privacy expectation, the content was not public, and the publisher intended or caused harm; penalties up to 2 years imprisonment and fines.
  • Criminalizes publishing nonconsensual intimate images or deepfakes of minors for abuse, humiliation, or sexual gratification; penalties up to 3 years imprisonment and fines.
  • Provides similar offenses for digital forgeries (deepfakes) of both adults and minors, with the same penalty structure.
  • Allows exceptions for law‑enforcement, intelligence, good‑faith disclosures, self‑published content, and material that is child pornography or otherwise illegal.
  • Requires covered platforms (public websites or apps hosting user‑generated content) to establish a clear, plain‑language notice‑and‑removal process within one year and to remove reported nonconsensual depictions within 48 hours, including copies.
  • Limits platform liability for good‑faith removal actions and gives the FTC power to enforce compliance as an unfair or deceptive practice, including civil penalties.
  • Mandates forfeiture of illegal material, proceeds, and related property, and requires restitution to victims.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

17 earlier actions
Became Law Latest Action

Became Public Law No: 119-12.

May 19, 2025

View full timeline
SenateIntro Referral

Introduced in Senate

January 16, 2025

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

January 16, 2025

SenateCommittee

Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.

February 13, 2025

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S988; text: CR S988-990)

February 13, 2025

SenateFloor

Message on Senate action sent to the House.

February 13, 2025

HouseFloor

Received in the House.

February 14, 2025 • 1:46 PM

HouseFloor

Held at the desk.

February 14, 2025 • 1:46 PM

HouseFloor

Mr. Bilirakis moved to suspend the rules and pass the bill.

April 28, 2025 • 3:07 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1644-1643)

April 28, 2025 • 3:07 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 146.

April 28, 2025 • 3:07 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

April 28, 2025 • 3:27 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1669)

April 28, 2025 • 6:57 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645: 1)

April 28, 2025 • 7:05 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645)

April 28, 2025 • 7:05 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 28, 2025 • 7:05 PM

President

Presented to President.

May 19, 2025

Became Law

Signed by President.

May 19, 2025

Became Law

Became Public Law No: 119-12.

May 19, 2025

Floor Debate

11 members

What members said about S. 146 on the floor

6 Republicans5 Democrats
Maria Elvira Salazar
Rep. Maria Elvira SalazarR-FL-27 · Apr 28, 2025

Mr. Speaker, every generation of Congress faces moments that test our commitment to justice, and today is one of those moments. I rise today to urge my colleagues to vote ``yes'' on S. 146, the TAKE…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Apr 28, 2025

Mr. Speaker, I move to suspend the rules and pass the bill (S. 146) to require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes. Mr. Speaker, I ask…

Madeleine Dean
Rep. Madeleine DeanD-PA-4 · Apr 28, 2025

Mr. Speaker, I thank Chairman Bilirakis and Ranking Member Pallone for bringing this bill forward. Mr. Speaker, I rise in support of the TAKE IT DOWN Act. Senate bill 146 was my bill, and it is still…

Debbie Dingell
Rep. Debbie DingellD-MI-6 · Apr 28, 2025

Mr. Speaker, I thank Chairman Guthrie. I thank Ranking Member, Frank Pallone, who often puts up with my intensity on this subject. I also thank Chairman Bilirakis and my co-leads, Representatives…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Apr 28, 2025

Mr. Speaker, I yield myself such time as I may consume. I rise to speak in support of S. 146, the TAKE IT DOWN Act. The legislation addresses the nonconsensual sharing of intimate images online, one…

Show 6 more
Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Apr 28, 2025

Mr. Speaker, I rise today in support of S. 146, the TAKE IT DOWN Act. I echo the sentiments of Representative Dean and my friend Representative Salazar. I appreciate the comments that they just made.…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Feb 13, 2025

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be discharged from further consideration of S. 146 and the Senate proceed to its immediate…

Derek Tran
Rep. Derek TranD-CA-45 · Apr 30, 2025

Mr. Speaker, when attempting to cast my vote on April 29, 2025 for S. 146--the TAKE IT DOWN Act, my voting card did not properly record my vote. Had my voting card been functioning properly, I would…

Brad Knott
Rep. Brad KnottR-NC-13 · Apr 29, 2025

Mr. Speaker, due to unforeseen circumstances, I was unable to cast my vote for S. 146, TAKE IT DOWN ACT. Had I been present, I would have voted YEA on Roll Call No. 104.

Robert F. Onder, Jr.
Rep. Robert F. Onder, Jr.R-MO-3 · Apr 28, 2025

Mr. Speaker, today I was not present to vote due to the death of an immediate family member. Had I been present, I would have voted YEA on Roll Call No. 104.

Jimmy Gomez
Rep. Jimmy GomezD-CA-34 · Apr 28, 2025

Mr. Speaker, I was not recorded on roll call vote nos. 103 and 104 today. Had I been present, I would have voted ``YEA'' on roll call vote nos. 103 and 104.

Bill Text

4 versions available

Reading Mode
Latest
Enrolled BillPublication date not provided

One Hundred Nineteenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty five

S. 146

AN ACT

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes.

1.

Short title

This Act may be cited as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act.

2.

Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions

(a)

In general

Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended—

(1)

by redesignating subsection (h) as subsection (i); and

(2)

by inserting after subsection (g) the following:

(h)

Intentional disclosure of nonconsensual intimate visual depictions

(1)

Definitions

In this subsection:

(A)

Consent

The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.

(B)

Digital forgery

The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.

(C)

Identifiable individual

The term identifiable individual means an individual—

(i)

who appears in whole or in part in an intimate visual depiction; and

(ii)

whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction.

(D)

Interactive computer service

The term interactive computer service has the meaning given the term in section 230.

(E)

Intimate visual depiction

The term intimate visual depiction has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).

(F)

Minor

The term minor means any individual under the age of 18 years.

(2)

Offense involving authentic intimate visual depictions

(A)

Involving adults

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if—

(i)

the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;

(ii)

what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;

(iii)

what is depicted is not a matter of public concern; and

(iv)

publication of the intimate visual depiction—

(I)

is intended to cause harm; or

(II)

causes harm, including psychological, financial, or reputational harm, to the identifiable individual.

(B)

Involving minors

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to—

(i)

abuse, humiliate, harass, or degrade the minor; or

(ii)

arouse or gratify the sexual desire of any person.

(C)

Exceptions

Subparagraphs (A) and (B) shall not apply to—

(i)

a lawfully authorized investigative, protective, or intelligence activity of—

(I)

a law enforcement agency of the United States, a State, or a political subdivision of a State; or

(II)

an intelligence agency of the United States;

(ii)

a disclosure made reasonably and in good faith—

(I)

to a law enforcement officer or agency;

(II)

as part of a document production or filing associated with a legal proceeding;

(III)

as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;

(IV)

in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or

(V)

to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;

(iii)

a disclosure reasonably intended to assist the identifiable individual;

(iv)

a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code); or

(v)

the publication of an intimate visual depiction that constitutes—

(I)

child pornography (as that term is defined in section 2256 of title 18, United States Code); or

(II)

a visual depiction described in subsection (a) or (b) of section 1466A of title 18, United States Code (relating to obscene visual representations of the sexual abuse of children).

(3)

Offense involving digital forgeries

(A)

Involving adults

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is not a minor if—

(i)

the digital forgery was published without the consent of the identifiable individual;

(ii)

what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;

(iii)

what is depicted is not a matter of public concern; and

(iv)

publication of the digital forgery—

(I)

is intended to cause harm; or

(II)

causes harm, including psychological, financial, or reputational harm, to the identifiable individual.

(B)

Involving minors

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is a minor with intent to—

(i)

abuse, humiliate, harass, or degrade the minor; or

(ii)

arouse or gratify the sexual desire of any person.

(C)

Exceptions

Subparagraphs (A) and (B) shall not apply to—

(i)

a lawfully authorized investigative, protective, or intelligence activity of—

(I)

a law enforcement agency of the United States, a State, or a political subdivision of a State; or

(II)

an intelligence agency of the United States;

(ii)

a disclosure made reasonably and in good faith—

(I)

to a law enforcement officer or agency;

(II)

as part of a document production or filing associated with a legal proceeding;

(III)

as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;

(IV)

in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or

(V)

to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;

(iii)

a disclosure reasonably intended to assist the identifiable individual;

(iv)

a person who possesses or publishes a digital forgery of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code); or

(v)

the publication of an intimate visual depiction that constitutes—

(I)

child pornography (as that term is defined in section 2256 of title 18, United States Code); or

(II)

a visual depiction described in subsection (a) or (b) of section 1466A of title 18, United States Code (relating to obscene visual representations of the sexual abuse of children).

(4)

Penalties

(A)

Offenses involving adults

Any person who violates paragraph (2)(A) or (3)(A) shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both.

(B)

Offenses involving minors

Any person who violates paragraph (2)(B) or (3)(B) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both.

(5)

Rules of construction

For purposes of paragraphs (2) and (3)—

(A)

the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and

(B)

the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph (2) or (3), respectively.

(6)

Threats

(A)

Threats involving authentic intimate visual depictions

Any person who intentionally threatens to commit an offense under paragraph (2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (4).

(B)

Threats involving digital forgeries

(i)

Threats involving adults

Any person who intentionally threatens to commit an offense under paragraph (3)(A) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 18 months, or both.

(ii)

Threats involving minors

Any person who intentionally threatens to commit an offense under paragraph (3)(B) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 30 months, or both.

(7)

Forfeiture

(A)

In general

The court, in imposing a sentence on any person convicted of a violation of paragraph (2) or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States—

(i)

any material distributed in violation of that paragraph;

(ii)

the person’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and

(iii)

any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation.

(B)

Procedures

Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property under subparagraph (A).

(8)

Restitution

The court shall order restitution for an offense under paragraph (2) or (3) in the same manner as under section 2264 of title 18, United States Code.

(9)

Rule of construction

Nothing in this subsection shall be construed to limit the application of any other relevant law, including section 2252 of title 18, United States Code.

.

(b)

Defenses

Section 223(e)(1) of the Communications Act of 1934 (47 U.S.C. 223(e)(1)) is amended by striking or (d) and inserting , (d), or (h).

(c)

Technical and conforming amendment

Subsection (i) of section 223 of the Communications Act of 1934 (47 U.S.C. 223), as so redesignated by subsection (a), is amended by inserting Definitions.— before For purposes of this section.

3.

Notice and removal of nonconsensual intimate visual depictions

(a)

In general

(1)

Notice and removal process

(A)

Establishment

Not later than 1 year after the date of enactment of this Act, a covered platform shall establish a process whereby an identifiable individual (or an authorized person acting on behalf of such individual) may—

(i)

notify the covered platform of an intimate visual depiction published on the covered platform that—

(I)

includes a depiction of the identifiable individual; and

(II)

was published without the consent of the identifiable individual; and

(ii)

submit a request for the covered platform to remove such intimate visual depiction.

(B)

Requirements

A notification and request for removal of an intimate visual depiction submitted under the process established under subparagraph (A) shall include, in writing—

(i)

a physical or electronic signature of the identifiable individual (or an authorized person acting on behalf of such individual);

(ii)

an identification of, and information reasonably sufficient for the covered platform to locate, the intimate visual depiction of the identifiable individual;

(iii)

a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under clause (ii) is not consensual, including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual; and

(iv)

information sufficient to enable the covered platform to contact the identifiable individual (or an authorized person acting on behalf of such individual).

(2)

Notice of process

A covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under paragraph (1)(A) that—

(A)

is easy to read and in plain language; and

(B)

provides information regarding the responsibilities of the covered platform under this section, including a description of how an individual can submit a notification and request for removal.

(3)

Removal of nonconsensual intimate visual depictions

Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—

(A)

remove the intimate visual depiction; and

(B)

make reasonable efforts to identify and remove any known identical copies of such depiction.

(4)

Limitation on liability

A covered platform shall not be liable for any claim based on the covered platform’s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.

(b)

Enforcement by the Commission

(1)

Unfair or deceptive acts or practices

A failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2)

Powers of the Commission

(A)

In general

Except as provided in subparagraph (D), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.

(B)

Privileges and immunities

Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(C)

Authority preserved

Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

(D)

Scope of jurisdiction

Notwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this section in the same manner provided in subparagraph (A), with respect to organizations that are not organized to carry on business for their own profit or that of their members.

4.

Definitions

In this Act:

(1)

Commission

The term Commission means the Federal Trade Commission.

(2)

Consent; digital forgery; identifiable individual; intimate visual depiction

The terms consent, digital forgery, identifiable individual, intimate visual depiction, and minor have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223), as added by section 2.

(3)

Covered platform

(A)

In general

The term covered platform means a website, online service, online application, or mobile application—

(i)

that serves the public; and

(ii)
(I)

that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or

(II)

for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.

(B)

Exclusions

The term covered platform shall not include the following:

(i)

A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation).

(ii)

Electronic mail.

(iii)

Except as provided in subparagraph (A)(ii)(II), an online service, application, or website—

(I)

that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and

(II)

for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I).

5.

Severability

If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate