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A 14-year-old in Aurora, Colorado hears that a classmate used an app to make a fake nude picture with her face on it, and that it is going around a group chat. It is not her body and she never posed for it. Until recently, the law had not caught up with pictures like this. On May 19, 2025, the TAKE IT DOWN Act became federal law. It covers every state.
What the law makes a crime
The law uses the term 'digital forgery'. That means an intimate picture of a real, recognizable person made with software, AI, or editing, that looks real to a reasonable viewer. The person can be recognized by a face, a birthmark, or another feature.
For a victim under 18, it is a federal crime to knowingly post a digital forgery online to abuse, humiliate, harass, or degrade the minor, or for someone's sexual gratification. The maximum is 3 years in prison. Threatening to post one, to scare or pressure someone, can bring up to 30 months.
The law applies to 'any person'. A student who makes and shares one is not exempt because of age.
Why this law is built around a real person
In Ashcroft v. Free Speech Coalition (2002), the U.S. Supreme Court struck down parts of an older federal law that banned images that only 'appear to be' minors, even when no real child was involved. The Court said that went too far under the First Amendment.
The TAKE IT DOWN Act is written differently. It targets pictures of an 'identifiable individual', a real person you can recognize. We could not find a Supreme Court ruling yet on the new law itself.
Images that meet the federal definition of child sexual abuse material fall under separate, older federal laws, and the new law says it does not limit them.
Getting it taken down
Do not forward the picture, even to prove it exists. Write down the web address, the account name, and the date instead. Then tell a parent, a school counselor, or another adult you trust.
The law required public platforms built around user posts, such as social media, video, and gaming apps, to set up a removal process by May 19, 2026, with a clear notice explaining it. Email services are not covered. A request must be in writing and include your signature (typed or electronic works), enough information to find the image, a short statement that you did not consent, and a way to contact you. A parent or other authorized person can send it for you.
After a valid request, the platform has 48 hours to remove the image and must make reasonable efforts to remove known identical copies. If a platform does not reasonably comply, the Federal Trade Commission (FTC, the federal consumer protection agency) enforces the rule.
Reporting is protected. The law has an exception for good-faith reports to police and for sharing in order to get help. Your state may also have its own law, so ask a legal aid office or your state attorney general's office.
기억하세요
- Knowingly posting an AI-made intimate image of a real minor to harass or humiliate is a federal crime, with up to 3 years in prison.
- Do not forward the image. Write down the link, the account, and the date, and tell an adult you trust.
- Covered platforms must remove the image within 48 hours of a valid written request.
- The FTC enforces the removal rule, and your state may add its own protections.
출처
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