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.
As used in this chapter, "artificial intelligenceartificial intelligence"artificial intelligence" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.Iowa Code § 554J.1" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.
This section defines artificial intelligence broadly as any machine-based system that infers from inputs to generate outputs — including content, decisions, predictions, or recommendations — that can influence physical or virtual environments. The definition closely tracks the OECD definition of AI and establishes the scope of the technology covered by the chapter's prohibition. No other terms are formally defined; the chapter applies to any "person" without further role-based definitions.
1 On or after July 1, 2026, a person shall not use artificial intelligenceartificial intelligence"artificial intelligence" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.Iowa Code § 554J.1 to intentionally recreate the audio or visual likeness of an individual without the consent of the individual if the likeness was intended to be substantially indistinguishable from the individual and the likeness is used in any of the following ways: 1. Commercial activity. 2. A political campaign which the individual does not support. 3. A manner intended to make other persons believe that the individual engages in activities the individual would reasonably find offensive. 4. A manner intended to diminish the individual's credibility, cause embarrassment, or otherwise lower the individual's esteem within the individual's community. 5. A manner intended to induce a person to take an action or divulge information the person otherwise would not.
Section 554J.2 is the bill's sole substantive prohibition. It bars any person from using AI to intentionally recreate an individual's audio or visual likeness without that individual's consent when two conditions are met: the likeness was intended to be substantially indistinguishable from the real individual, and the likeness is used in one of five enumerated harmful ways. The enumerated uses cover commercial exploitation, political campaign misuse, false depiction of offensive activities, reputational harm, and social engineering (inducing action or divulging information). The provision takes effect July 1, 2026.
The dual intent requirement — intentional recreation plus intended substantial indistinguishability — is significant. A person who uses AI to generate a recognizable but clearly synthetic depiction of an individual would not violate this provision. Likewise, a person who creates a substantially indistinguishable likeness for a use not enumerated in subsections 1–5 (e.g., satire, parody, journalism, or personal use) would fall outside the prohibition.
(1) A person may bring an action for actual and punitive damages for a violation of this chapter, including reasonable attorney fees and costs. Punitive damages shall not exceed two hundred fifty thousand dollars for each violation.
(2) A class action may be brought under this chapter in accordance with the Iowa rules of civil procedure.
(3) The court shall specify the amount of each of the following for each violation of this chapter: a. Actual damages. b. Punitive damages. c. Court costs. d. Reasonable attorney fees.
(4) In determining the punitive damages for a violation of this chapter, the court shall consider all of the following: a. The nature and extent of the violation. b. The severity of the violation. c. The potential economic effect of the punitive damages on the person who violated this chapter. d. The good-faith measures the person who violated this chapter took to comply with this chapter. e. The willfulness of the violation. f. The deterrent effect that the imposition of punitive damages will have. g. Any other factors the court finds appropriate.
(5) For purposes of imposing punitive damages under this chapter, a person shall be considered to have committed a separate violation of section 554J.2 for each day a violation continues.
(6) This chapter shall not preclude a person from bringing a civil or criminal action under any other provision of law.
Section 554J.3 establishes the enforcement framework for the chapter through a private right of action. Any person may bring an action for actual and punitive damages, with punitive damages capped at $250,000 per violation. Class actions are expressly authorized. Each day a violation continues is treated as a separate violation for punitive damages purposes, creating significant cumulative exposure for ongoing misuse.
The court must itemize actual damages, punitive damages, court costs, and reasonable attorney fees for each violation. The statute prescribes seven factors the court must consider in determining punitive damages, including the nature, severity, and willfulness of the violation, the economic effect on the violator, good-faith compliance measures, deterrent effect, and any other factors the court deems appropriate. The savings clause preserves all other civil and criminal remedies.