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COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, D.C. 20004
Statement of Introduction Distribution of False Sexual Imagery Prohibition Amendment Act of 2025 December 1, 2025 Today, I am introducing the Distribution of False Sexual Imagery Prohibition Amendment Act of 2025, along with Chairman Phil Mendelson and Councilmembers Brianne K. Nadeau, Matthew Frumin, Anita Bonds, Janeese Lewis George, and Charles Allen. This bill would establish new criminal penalties for the distribution of sexually explicit images, videos, and audio created through artificial intelligence (AI), directly addressing the emerging digital-age harm of creating and spreading non-consensual AI-generated sexual content depicting real individuals. Current District of Columbia law does not adequately protect residents against the dangers posed by distribution of false sexual imagery nor hold perpetrators accountable. D.C. Code §§ 22-3052-54 prohibit the unauthorized sharing of authentic sexual images, videos, and recordings. The statute does not directly address AI-generated depictions or manipulated images that were initially non-sexual but were edited to include nudity or sexual conduct. D.C. Code § 22-2201 prohibits the distribution of obscene images and videos, but sexually explicit content is not necessarily obscene. Additionally, while D.C. Code § 7-2161 et seq. provides for civil remedies for the unauthorized disclosure of intimate images, I believe that disseminating both real and false sexual images is not only a matter of dispute between two parties, but also an offense against society, and that the District’s criminal laws should acknowledge the harms and dangers of such behavior. The federal government has already recognized the urgency of this issue. Congress recently passed, and the President signed, the Take it Down Act, establishing federal criminal penalties for the nonconsensual online publication of sexually explicit media, whether depicting real people or AI-generated. The Distribution of False Sexual Imagery Prohibition Amendment Act of 2025 would better align District of Columbia law with the federal standard and demonstrates the urgent need for comprehensive protections at all levels of government. I look forward to working with my colleagues to strengthen local safeguards for residents against these forms of digital abuse.
Christina Henderson Committee Member Councilmember, At-Large Human Services Chairperson, Committee on Health Facilities Transportation and the Environment
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______________________________ ______________________________ 1 Chairman Phil Mendelson Councilmember Christina Henderson 2 3 4 ______________________________ ______________________________ 5 Councilmember Brianne K. Nadeau Councilmember Matthew Frumin 6 7 8 ______________________________ _______________________________ 9 Councilmember Anita Bonds Councilmember Janeese Lewis George 10 11 12 ______________________________ 13 Councilmember Charles Allen 14 15 16 17 A BILL 18 19 __________ 20 21 22 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 23 24 _________________________ 25 26 To amend the Criminalization of Non-Consensual Pornography Act of 2014 to create a new 27 misdemeanor criminal offense and a new felony criminal offense for nonconsensual 28 distribution of sexually explicit images, video, or audio of an individual created or altered 29 through use of digital technology, including by the use of artificial intelligence methods. 30 31 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32 act may be cited as the “Distribution of False Sexual Imagery Prohibition Amendment Act of 33 2025.”. 34 Sec. 2. The Criminalization of Non-Consensual Pornography Act of 2014, effective May 35 7, 2015 (D.C. Law 20-275; D.C. Official Code § 22-3051 et seq.), is amended as follows: 36 (a) Section 2 (D.C. Official Code § 22-3051) is amended by adding new paragraphs (1A) 37 and (1B) to read as follows: 38
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“(1A) “Distribute” means granting another person the ability to exercise dominion 39 and control over the image. 40 “(1B) “False sexual image” means a sexual image or audio recording created or 41 altered through the use of digital technology that a reasonable person would believe it depicts 42 speech or conduct of the person depicted and the production of which was substantially 43 dependent upon technical means, rather than the ability of another person to physically or 44 verbally impersonate such individual.”. 45 (b) A new section 5a is added to read as follows: 46 “Sec. 5a. Unlawful distribution of false sexual imagery. 47 “(a)(1) First-degree unlawful distribution of false sexual imagery — It shall be unlawful 48 in the District of Columbia for a person to knowingly distribute or disclose one or more false 49 sexual images of another identified or identifiable person when, in addition to satisfying the 50 elements described in subsection (b)(1) of this section, the person commits the violation: 51 “(A) Within 5 years of one or more prior convictions of unlawful 52 distribution of false sexual imagery under this section; 53 “(B) With the intent to cause violence or bodily harm; or 54 “(C) Is reckless as to the fact that the person depicted is: 55 “(i) Under 16 years of age and the defendant is at least 4 years 56 older than the person depicted; or 57 “(ii) Under 18 years of age and the defendant is at least 4 years 58 older than the complainant and in a position of trust with or authority over the person depicted. 59 “(2) A person who violates this subsection shall be guilty of a felony and, upon 60 conviction, shall be fined not more than the amount set forth in section 101 of the Criminal Fine 61
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Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 62 Official Code § 22-3571.01), imprisoned for not more than 2 years, or both. 63 “(b)(1) Second-degree unlawful distribution of false sexual imagery — It shall be 64 unlawful in the District of Columbia for a person to knowingly distribute or disclose one or more 65 false sexual images of another identified or identifiable person when: 66 “(A) It is to a person other than the person depicted, including making the 67 image accessible on the internet to a person other than the person being depicted; 68 “(B) The person depicted did not consent to the disclosure or distribution 69 of the false sexual image; and 70 “(C) The person discloses or distributed the false sexual image with the 71 intent to; 72 “(i) Alarm, sexually abuse, humiliate, harass, or degrade the person 73 depicted; 74 “(ii) Sexually arouse or gratify a person; or 75 “(iii) Receive financial gain as a result of the distribution or 76 display. 77 “(2) A person who violates this subsection shall guilty of a misdemeanor and, 78 upon conviction, shall be fined not more than the amount set forth in section 101 of the Criminal 79 Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 80 Official Code § 22- 3571.01), imprisoned for not more than 180 days in jail, or both.”. 81 (c) Section 6 (D.C. Official Code § 22-3055) is amended by adding a new subsection (c) 82 to read as follows: 83 “(c) A person is not guilty of unlawful distribution of false sexual imagery under section 84
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5a if the person is a licensee and engaged in activities regulated pursuant to the Communications 85 Act of 1934, approved June 19, 1934 (48 Stat. 1064; 47 U.S.C. § 151 et seq.).”. 86 (d) Section 7 (D.C. Official Code § 22-3056) is amended by striking the phrase “or 5 if” 87 and inserting the phrase “5, or 5a if” in its place. 88 Sec. 3. Fiscal impact statement. 89 The Council adopts the fiscal impact statement in the committee report as the fiscal 90 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 91 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 92 Sec. 5. Effective date. 93 This act shall take effect following approval by the Mayor (or in the event of veto by the 94 Mayor, action by the Council to override the veto) and a 60-day period of congressional review 95 as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 96 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 97