WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(1) This section shall be known and may be cited as the "AI-Generated Content Accountability and Privacy Protection Act of 2026".
(2)(1) "Algorithmically generated or altered contentAlgorithmically generated or altered content"Algorithmically generated or altered content", any image, video, or audio recording that has been wholly or substantially created, altered, or synthesized by automated or algorithmic means, including through the use of artificial intelligence or machine learning technologies, in a manner that materially changes a person's appearance, voice, or likeness;§ 1.2052(2)(1)", any image, video, or audio recording that has been wholly or substantially created, altered, or synthesized by automated or algorithmic means, including through the use of artificial intelligence or machine learning technologies, in a manner that materially changes a person's appearance, voice, or likeness;
(2)(2) "ConsentConsent"Consent", explicit, informed, freely given, and revocable authorization by the person whose image, likeness, or voice is depicted. Consent shall be documented in writing, electronically, or through another verifiable method;§ 1.2052(2)(2)", explicit, informed, freely given, and revocable authorization by the person whose image, likeness, or voice is depicted. ConsentConsent"Consent", explicit, informed, freely given, and revocable authorization by the person whose image, likeness, or voice is depicted. Consent shall be documented in writing, electronically, or through another verifiable method;§ 1.2052(2)(2) shall be documented in writing, electronically, or through another verifiable method;
(2)(3) "Online public communication platformOnline public communication platform"Online public communication platform", any service or website that allows users to share content with the general public.§ 1.2052(2)(3)", any service or website that allows users to share content with the general public.
Subsection 1 establishes the short title as the "AI-Generated Content Accountability and Privacy Protection Act of 2026." Subsection 2 defines three key terms: algorithmically generated or altered content, which covers AI-created or AI-altered images, video, or audio that materially changes a person's appearance, voice, or likeness; consent, requiring explicit, informed, freely given, and revocable authorization documented in a verifiable manner; and online public communication platform, broadly defined as any service or website enabling public content sharing.
(3)(1) 1 Any person who knowingly publishes, distributes, or makes publicly available any algorithmically generated or altered contentAlgorithmically generated or altered content"Algorithmically generated or altered content", any image, video, or audio recording that has been wholly or substantially created, altered, or synthesized by automated or algorithmic means, including through the use of artificial intelligence or machine learning technologies, in a manner that materially changes a person's appearance, voice, or likeness;§ 1.2052(2)(1) that represents a depicted individual without the consent of that individual shall be subject to imprisonment for not more than two years or a fine of not more than twenty thousand dollars, or both.
(3)(2) 1 If the violation under subdivision (1) of this subsection occurs through an online public communication platformOnline public communication platform"Online public communication platform", any service or website that allows users to share content with the general public.§ 1.2052(2)(3), the person shall be subject to imprisonment for not more than two years or a fine of not more than fifty thousand dollars, or both.
Subsection 3 creates the base criminal offense: any person who knowingly publishes, distributes, or makes publicly available algorithmically generated or altered content depicting a real individual without that individual's consent faces up to two years' imprisonment and/or a $20,000 fine. An enhanced penalty tier applies when the violation occurs through an online public communication platform, increasing the maximum fine to $50,000 while maintaining the same imprisonment ceiling. The knowledge requirement ("knowingly") applies to the acts of publishing, distributing, or making available — not to the depicted individual's lack of consent.
(4)(1) 2 Any person who knowingly creates, publishes, or distributes any algorithmically generated or altered content of a sexual or pornographic nature without the consent of a depicted individual shall be subject to imprisonment for not more than two years or a fine of not more than sixty-five thousand dollars, or both.
(4)(2) 2 If the violation under subdivision (1) of this subsection occurs through an online public communication platformOnline public communication platform"Online public communication platform", any service or website that allows users to share content with the general public.§ 1.2052(2)(3), the person shall be subject to imprisonment for not more than three years or a fine of not more than eighty thousand dollars, or both.
(4)(3) 2 If the violation under subdivision (1) of this subsection involves the distribution of an algorithmically generated or altered contentAlgorithmically generated or altered content"Algorithmically generated or altered content", any image, video, or audio recording that has been wholly or substantially created, altered, or synthesized by automated or algorithmic means, including through the use of artificial intelligence or machine learning technologies, in a manner that materially changes a person's appearance, voice, or likeness;§ 1.2052(2)(1) that is sexual or pornographic in nature and results in serious harm to the dignity, reputation, or safety of the depicted individual results, the person shall be subject to imprisonment for not more than five years or a fine of not more than one hundred ten thousand dollars, or both.
Subsection 4 creates an aggravated offense for algorithmically generated or altered content of a sexual or pornographic nature distributed without consent. The base offense carries up to two years' imprisonment and/or a $65,000 fine — substantially higher than the non-sexual base offense. Two additional enhancement tiers apply: distribution through an online public communication platform raises penalties to three years and/or $80,000, and distribution resulting in serious harm to the dignity, reputation, or safety of the depicted individual triggers the most severe penalties of up to five years and $110,000. The serious-harm tier does not require platform distribution — any distribution method qualifies if the harm threshold is met.
(5)(1) Content that is clearly artistic, parodic, satirical, or intended for legitimate public interest or educational purposes, provided that the content includes a clear and conspicuous notice stating that it is artificially generated or altered;
(5)(2) Synthetic content created or shared without intent to harm and that does not cause material injury to the dignity, reputation, or privacy of the person depicted; or
(5)(3) Content used for bona fide research, journalism, or technological testing, with appropriate safeguards and disclosure.
Subsection 5 carves out three categories of conduct from the bill's criminal prohibitions. The artistic/parodic/satirical exemption is conditioned on a clear and conspicuous notice that the content is artificially generated or altered — without the notice, the exemption does not apply. The no-harm exemption requires both the absence of intent to harm and the absence of material injury to the depicted person's dignity, reputation, or privacy. The research/journalism exemption requires appropriate safeguards and disclosure but does not specify what those safeguards must be. These exemptions apply to both subsection 3 (general) and subsection 4 (sexual/pornographic) offenses.
Subsection 6 imposes data governance obligations on any verification or age-confirmation system used in connection with the bill's requirements. Systems must comply with data minimization and privacy-by-design principles, though the bill does not define those terms or specify a compliance standard. Additionally, biometric, facial recognition, or identification data collected for compliance purposes may not be retained or sold by third parties. This provision is notable because the bill does not itself require any verification or age-confirmation system — it preemptively regulates any such system that might be adopted to implement compliance.
(7)(1)–(2) 5 On or before August 28, 2028, the attorney general shall submit a report to the general assembly assessing: (a) The effectiveness and proportionality of penalties; (b) The clarity and enforceability of definitions; and (c) The impact on free speech, artistic expression, and research. (2) The report shall include recommendations for updates or amendments based on technological and legal developments.
Subsection 7 directs the attorney general to submit a report to the General Assembly by August 28, 2028, evaluating the bill's penalty effectiveness and proportionality, the clarity and enforceability of its definitions, and its impact on free speech, artistic expression, and research. The report must include recommendations for legislative updates based on technological and legal developments. This is a government reporting obligation rather than a private compliance duty.