119th (2025–2027)
H.R. 4678
The RAP Act of 2025 amends the Federal Rules of Evidence to restrict prosecutors from using a defendant's creative or artistic works—such as music, poetry, film, visual art, or other creative expression—as evidence against them in court. The bill protects artists, musicians, and other creative professionals by presuming that creative works express fictional or figurative ideas rather than literal statements of fact. However, prosecutors can still introduce such evidence if they prove by clear and convincing evidence in a private hearing that the defendant intended the work to literally describe their thoughts or the specific facts of the alleged crime, and that the work provides unique probative value. If a court allows such evidence, it must be edited to include only the relevant portions and the jury must receive limiting instructions. The bill has no specific funding requirements or implementation timeline beyond its enactment.