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 Unauthorized distribution of sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) consists of distributing, publishing or otherwise making available, by an electronic communications deviceElectronic communications device"electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal§ 30-37A-1(C)(1) or other means, sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) or sensitive deepfake images of a person, with or without information identifying that person, without that person's consent: (1) with the intent to: (a) harass, humiliate or intimidate that person; (b) incite another to harass, humiliate or intimidate that person; (c) cause that person to reasonably fear for that person's own or family members' safety; (d) cause that person to suffer unwanted physical contact or injury; or (e) cause that person to suffer substantial emotional distress; and (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.
(B) 2 Threatening to distribute sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) consists of maliciously making a threat to a person to distribute, publish or otherwise make available sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) or sensitive deepfake images of the person with intent to: (1) harass, humiliate or intimidate that person; (2) cause that person to reasonably fear for that person's own or family member's safety; or (3) cause that person to suffer substantial emotional distress.
(C) For the purpose of this section: (1) "electronic communications deviceElectronic communications device"electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal§ 30-37A-1(C)(1)" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal; (2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information; (3) "interactive computer serviceInteractive computer service"interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users§ 30-37A-1(C)(3)" means any information service, system or access software provider that provides or enables computer access by multiple users; (4) "intimate actIntimate act"intimate act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid§ 30-37A-1(C)(4)" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid; (5) "sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5)" means images, photographs, videos or other likenesses depicting or simulating an intimate actIntimate act"intimate act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid§ 30-37A-1(C)(4) or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; (6) "sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6)" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate actIntimate act"intimate act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid§ 30-37A-1(C)(4); and (7) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978.
(D) Whoever commits unauthorized distribution of sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
(E) A person who commits threatening to distribute sensitive imagesSensitive images"sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent§ 30-37A-1(C)(5) is guilty of a petty misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a misdemeanor.
(F) Nothing in this section shall be construed to impose liability on: (1) an interactive computer serviceInteractive computer service"interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users§ 30-37A-1(C)(3), an information service or a telecommunications provider for content provided by another person; or (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.
This section amends New Mexico's existing unauthorized distribution of sensitive images statute to extend its coverage to sensitive deepfake images — digitally created, altered, or manipulated intimate imagery. The amendment adds deepfakes alongside real images as prohibited content and creates a new offense of threatening to distribute sensitive images or sensitive deepfake images. Criminal penalties range from a petty misdemeanor for threats (escalating to a misdemeanor on second conviction) to a misdemeanor for unauthorized distribution (escalating to a fourth degree felony on second conviction).
The section preserves existing safe harbors for interactive computer services, information services, and telecommunications providers for content provided by others, and for persons who distribute content in furtherance of a legitimate public purpose including news reporting.
(A) As used in this section, "sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6)" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (1) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (2) engaging in sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse, the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission or the emission or display of bodily sexual fluid.
(B) 3 A person may maintain a cause of action for libel, slander or invasion of privacy based on the publication, exhibition or communication of a sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6); provided that: (1) a person's consent to the creation of a sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6) alone shall not establish that the person consented to the publication, exhibition or communication of the image; and (2) in addition to actual damages, a person who succeeds in a claim for libel, slander or invasion of privacy based on the publication, exhibition or communication of a sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6) may recover: (a) if applicable, an amount equal to the monetary gain made by the defendant from the publication, exhibition or communication of the sensitive deepfake imageSensitive deepfake image"sensitive deepfake image" means an image, recording or other digital depiction or digital data capable of conversion to an image, recording or other digital depiction of a person that was created, altered or digitally manipulated to depict a person: (a) with uncovered genitals or, if the person is a woman, a breast below the top of the areola that is uncovered or visible through less-than-fully opaque clothing; or (b) engaging in an intimate act§ 30-37A-1(C)(6); (b) punitive damages; (c) court costs, reasonable attorney fees and other litigation costs reasonably incurred; and (d) any other legal or equitable relief the court deems just and proper.
(C) 4 A victim of the crime provided for in Subsection G of Section 30-6A-3 NMSA 1978 or a victim of a crime provided for in Section 30-37A-1 NMSA 1978 shall establish a prima facie case for a claim of intentional infliction of emotional distress upon filing a petition in the district court for such a claim. In addition to actual damages, a person who succeeds in claim for intentional infliction of emotional distress as provided for in this subsection may recover: (1) if applicable, an amount equal to the monetary gain made by the defendant from the fruits of the crime committed; (2) punitive damages; (3) court costs, reasonable attorney fees and other litigation costs reasonably incurred; and (4) any other legal or equitable relief the court deems just and proper.
This new section creates two distinct civil causes of action. First, any person depicted in a sensitive deepfake image may sue for libel, slander, or invasion of privacy based on the publication, exhibition, or communication of that image. The statute specifies that consent to creation of the deepfake does not establish consent to publication — a significant limitation on the consent defense. Successful plaintiffs may recover actual damages, disgorgement of the defendant's monetary gain, punitive damages, attorney fees, and equitable relief.
Second, victims of crimes under Section 30-6A-3(G) (digital exploitation of children) or Section 30-37A-1 (unauthorized distribution of sensitive images, as amended) establish a prima facie case for intentional infliction of emotional distress simply by filing the petition. This substantially lowers the plaintiff's initial burden. The same enhanced remedy set — disgorgement, punitive damages, attorney fees, and equitable relief — applies to these claims as well.