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)–(g) As used in this section, the following terms have the meanings given. (b) "Deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b)" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e)'s speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual. (c) "Depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.§61-3D-1(c)" means an individual in a deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b) who appears to be engaging in speech or conduct in which the individual did not engage. (d) "DistributeDistribute"Distribute" means to publish or disseminate, including but not limited to: advertising, exhibiting, exchanging, promoting, or selling deep fake material.§61-3D-1(d)" means to publish or disseminate, including but not limited to: advertising, exhibiting, exchanging, promoting, or selling deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b) material. (e) "Natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e)" means a human being with legal personality as distinguished from a person created by digital means or by operation of law. (f) "Non-consensualNon-consensual"Non-consensual" means without the voluntary agreement of the natural person whose face is involved.§61-3D-1(f)" means without the voluntary agreement of the natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e) whose face is involved. (g) "Sexual conductSexual conduct"Sexual conduct" means actual or simulated sexual intercourse, outercourse, masturbation, bestiality, or sexual sadism.§61-3D-1(g)" means actual or simulated sexual intercourse, outercourse, masturbation, bestiality, or sexual sadism.
This section establishes the defined terms for the article. The definition of deep fake is notable for its dual requirement: the media must be realistic enough to fool a reasonable person, and its production must be substantially dependent on technical means rather than physical or verbal impersonation. This effectively scopes the statute to AI-generated or digitally manipulated media and excludes traditional acting or impersonation.
(a)(1)(A)–(C) 1 A person commits the unlawful dissemination or sale of images of another if the person: (1) Intentionally or knowingly distributesDistribute"Distribute" means to publish or disseminate, including but not limited to: advertising, exhibiting, exchanging, promoting, or selling deep fake material.§61-3D-1(d) a deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b) with the face of a natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e). (A) Depicting that person engaging in sexual conductSexual conduct"Sexual conduct" means actual or simulated sexual intercourse, outercourse, masturbation, bestiality, or sexual sadism.§61-3D-1(g) that the actual person did not actually engage in; (B) With intent to coerce, harass, or intimidate, or to damage the reputation of the natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e) depicted; and (C) Where the distributor knows or has reason to know that the distribution was not consented to by the natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e) whose face is depicted in the deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b).
(b) Nothing in this article shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for information provided by another information content provider.
(c) The provisions of this article shall not preclude prosecution under any other statute.
This section creates the core criminal prohibition. A person violates the statute by intentionally or knowingly distributing a deep fake depicting an identifiable natural person engaging in sexual conduct they did not perform, when the distributor acts with intent to coerce, harass, intimidate, or damage the depicted person's reputation, and knows or has reason to know the depicted person did not consent. The mens rea structure layers three distinct mental states: intent or knowledge as to the act of distribution, specific intent as to the purpose (coercion, harassment, intimidation, or reputational damage), and knowledge or constructive knowledge as to the absence of consent.
The section explicitly shields interactive computer services under 47 U.S.C. § 230(f) from liability for third-party content and preserves the ability to prosecute under other statutes.
(a) "Deep fakeDeep fake"Deep fake" means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of a natural person's speech, conduct, or likeness; (1) That is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) The production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.§61-3D-1(b)" shall not be interpreted to include any constitutionally protected speech, including works of political, artistic, or newsworthy value, including commentary, criticism, satire, or parody.
(b) It shall not be a violation of this article to publish digitally manipulated media that includes a clear disclosure that would cause a reasonable person to understand that the visual media is not a record of a real event.
This section provides two important limitations on the scope of the prohibition. First, the definition of deep fake expressly excludes constitutionally protected speech, including works of political, artistic, or newsworthy value and commentary, criticism, satire, or parody. Second, a safe harbor protects distribution of digitally manipulated media that includes a clear disclosure sufficient for a reasonable person to understand the visual media is not a record of a real event. Together, these provisions narrow the statute's reach to genuinely deceptive, non-consensual intimate content and reduce First Amendment exposure.
If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances shall not be affected thereby.
Standard severability clause providing that if any provision of the article is held unconstitutional or invalid, the remaining provisions and their application to other persons or circumstances are not affected.
(a)–(c) A person convicted of violating §61-3D-2 of this code may be sentenced as follows: (a) If the person commits the violation within five years of one or more prior convictions under this section, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both fined and confined; (b) If the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both fined and confined; or (c) In other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both fined and confined.
This section establishes a graduated criminal penalty structure for violations of the prohibition in §61-3D-2. The base offense is a misdemeanor carrying up to 90 days imprisonment and/or a $1,000 fine. Where the person acts with intent to cause violence or bodily harm, the penalty increases to up to 1 year imprisonment and/or $3,000 fine. Repeat offenders with a prior conviction within five years face up to 5 years imprisonment and/or a $10,000 fine — elevating the offense to felony-level punishment.
(a)–(d) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by: (a) The Attorney General; (b) A county prosecutor; (c) The depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.§61-3D-1(c); or (d) A natural personNatural person"Natural person" means a human being with legal personality as distinguished from a person created by digital means or by operation of law.§61-3D-1(e) who is injured or likely to be injured by dissemination.
This section creates a civil cause of action for injunctive relief — not damages — against any person reasonably believed to be about to violate or currently violating the article. Standing extends to the Attorney General, county prosecutors, the depicted individual, and any natural person injured or likely to be injured by the dissemination. This is the bill's only private right of action provision, and it is limited to injunctive relief; no monetary damages are available to private plaintiffs under this article.