What Is a Non-Consensual Intimate Visual Depiction?

The term 'non-consensual intimate visual depiction' serves as its operational definition. The precision matters: 'visual depiction' extends beyond photographs to video, synthetic media, and AI-generated imagery. 'Intimate' is defined broadly to include nudity, sexual activity, and intimate contexts that a reasonable person would consider private. 'Non-consensual' means the depicted person did not give valid consent to the specific act of sharing, regardless of any prior consent to create the image.

Key facts about this term

1. The NCIVD definition covers AI and synthetic media The definition includes AI-generated imagery to ensure deepfakes and nudify-AI outputs are included, even when no real intimate image of the person exists.
2. Consent must be specific and informed Consent to create an image is not consent to share it. Consent to share in one context does not apply to other contexts. A valid NCIVD instance exists whenever sharing occurs without specific consent to that act of sharing.
3. NCIVD notifications must meet statutory requirements A valid notice must identify the victim, identify the content, and certify non-consent. ScanErase provides reports to help identify these instances.