WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 By December 1, 2026, any person or entity that makes available to consumers any artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1) technology that enables a user to create a digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2) shall provide the following consumer warning: "Unlawful use of this technology to depict another person without prior consent may result in civil or criminal liability for the user."
(b) 1 The warning shall be hyperlinked on any page or screen where the consumer may input a prompt to the artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1) technology. The warning shall also be included in the terms and conditions for use of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1) technology. All warnings shall be displayed in a manner that is clear and conspicuous.
(c) Failure to comply with subdivision (a) or (b) is punishable by a civil penalty not to exceed ten thousand dollars ($10,000) for each day that the technology is provided to or offered to the public without a consumer warning. A public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Bus. & Prof. Code § 22650(e)(3) may enforce this section by bringing a civil action in any court of competent jurisdiction.
(d) The warning shall not be required for a digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2) created in a video gameVideo game"Video game" has the same meaning as in Section 1746 of the Civil Code.Bus. & Prof. Code § 22650(e)(4) where the digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2) is used solely in game play and is not distributed outside of the game.
(e) As used in this section, the following terms have the following meanings: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1)" has the same meaning as in Section 3110 of the Civil Code. (2) "Digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2)" has the same meaning as in Section 3344.1 of the Civil Code. (3) "Public prosecutorPublic prosecutor"Public prosecutor" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor.Bus. & Prof. Code § 22650(e)(3)" means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor. (4) "Video gameVideo game"Video game" has the same meaning as in Section 1746 of the Civil Code.Bus. & Prof. Code § 22650(e)(4)" has the same meaning as in Section 1746 of the Civil Code.
Section 22650 is the bill's primary affirmative compliance obligation. It requires any person or entity making AI technology available to consumers that enables creation of digital replicas to display a specified consumer warning by December 1, 2026. The warning must be hyperlinked on every page or screen where a consumer can input a prompt and included in the terms and conditions, displayed clearly and conspicuously.
Enforcement is limited to public prosecutors (AG, city attorney, county counsel, DA), who may bring a civil action for up to $10,000 per day the technology is offered without the required warning. A narrow carve-out exempts digital replicas created and used solely within video game gameplay that are not distributed outside the game.
(a) Any person who knowingly uses another's name, voice, signature, photographphotograph"photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.Civ. Code § 3344(b), or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.
(f) 2 For the purposes of this section, a voice or likeness includes a digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2), as defined in Section 3344.1.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
Section 2 (and Section 2.5, operative if SB 683 is also enacted) amends Civil Code § 3344 — California's statutory right-of-publicity provision — to add subdivision (f), which clarifies that "voice" and "likeness" include a digital replica as defined in Section 3344.1. This extends the existing private cause of action for unauthorized commercial use of a person's identity to cover AI-generated digital replicas.
Section 2.5, the contingent version operative only if both this bill and SB 683 are enacted, also adds an expedited injunctive-relief mechanism requiring respondents to complete removal or cease publication within two business days of service of a court order. The existing remedy structure — the greater of $750 or actual damages, plus profits, punitive damages, and attorney's fees — applies to digital-replica claims.
(a) 3 By no later than January 1, 2027, the Judicial Council shall review the impact of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1) on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1) and determining whether such evidence is admissible.
(b) As used in this section, "artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1)" has the same meaning as in Section 3110 of the Civil Code.
Section 1425 directs the Judicial Council to review the impact of artificial intelligence on the admissibility of evidence in court proceedings and, if necessary, develop rules of court to assist courts in assessing claims that evidence has been AI-generated or AI-manipulated. The deadline is January 1, 2027. This provision does not impose compliance obligations on private parties — it is a government-directed rulemaking mandate.
§ 540 For purposes of this chapter, the following definitions apply: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.Bus. & Prof. Code § 22650(e)(1)" or "AI" has the same meaning as in Section 3110 of the Civil Code. (b) "Digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2)" has the same meaning as in Section 3344.1 of the Civil Code.
§ 541 4 For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, false impersonation includes the use of a digital replicaDigital replica"Digital replica" has the same meaning as in Section 3344.1 of the Civil Code.Bus. & Prof. Code § 22650(e)(2) with the intent to impersonate another.
Sections 540 and 541 add a new chapter to the Penal Code clarifying that false impersonation — an element of existing criminal provisions including Penal Code §§ 528.5, 529, and 530 — includes the use of a digital replica with the intent to impersonate another person. Section 540 provides definitions for "artificial intelligence" and "digital replica" by cross-reference. Section 541 is the operative provision extending existing false-impersonation criminal statutes to cover AI-generated digital replicas.
This does not create a new crime — it clarifies that existing criminal prohibitions on false impersonation encompass the use of AI-generated digital replicas.
Section 2.5 of this bill incorporates amendments to Section 3344 of the Civil Code proposed by both this bill and Senate Bill 683. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 3344 of the Civil Code, and (3) this bill is enacted after Senate Bill 683, in which case Section 2 of this bill shall not become operative.
Section 5 is a standard double-jointing provision coordinating this bill's amendments to Civil Code § 3344 with those proposed by SB 683. It provides that Section 2.5 of this bill — which includes both the digital-replica clarification and the expedited injunctive-relief mechanism — becomes operative only if both bills are enacted, both amend § 3344, and this bill is enacted after SB 683. If those conditions are met, Section 2 does not become operative.