S. 412 would create new criminal penalties for the interstate or foreign distribution or threatened distribution of intimate images of a person without their consent (commonly referred to as nonconsensual pornography). Under current law, a person whose intimate image was shared without his or her consent can file a civil suit in federal court for damages against the person who distributed it. The bill also would expand the definition of what constitutes an intimate image of a minor and thus create new criminal penalties for distributing such images.
Based on information from subject matter experts and an analysis of data for similar offenses from the U.S. Sentencing Commission, CBO estimates that a small number of people would pay criminal fines under the bill. Criminal fines are recorded as revenues, deposited into the Crime Victims Fund, and spent without further appropriation. As a result, CBO estimates that enacting S. 412 would increase revenues and direct spending by less than $500,000 over the 2024-2033 period.