Minnesota HF 1370

Establishes a private cause of action against a person who disseminates, without consent, a deep fake that depicts intimate parts or sexual activity. Criminalizes intentional dissemination of a deep fake when the person knew or should have known that the person depicted in the deep fake does not consent to the dissemination, the deep fake realistically depicts intimate parts or sexual acts, and the person being depicted is identifiable.

Latest Action: Signed into law on May 25, 2023
Deadline: June 21, 2023

Bill Status
Introduced
Passed First Committee
Passed First Chamber
Passed Both Committees
Passed Both Chambers
Signed
Enacted
More Info
Read the Bill: MN HF 1370
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New Jersey S 3707/A 5333 (Deepfakes)

According to the bill's sponsor:

This bill prohibits the emerging technological phenomenon of sexually “deceptive audio or visual media,” commonly known as “deepfakes.” Unlike older forms of audio or visual manipulation, the creator of a deepfake uses newer technology such as artificial intelligence with the intent of making it appear, as realistically as possible, that the person being depicted has engaged in activity that did not actually occur. Deepfakes have been intentionally used to embarrass or harass a person, or to cast that person in a false light. When the person being depicted is a child, deepfake technology has the potential to create realistic pornography involving the child.

The penalty for non-consensual disclosure of deceptive audio or visual media is the same as for non-consensual disclosure of so-called “revenge porn” under the invasion of privacy statute, which under current law is a crime of the third degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. The penalty for deceptive audio or visual media depicting the sexual exploitation or abuse of a child is the same as for distributing, possessing, or storing child pornography, which under current law is a crime of the second degree for less than 1,000 items and a crime of the first degree for 1,000 or more items. A crime of the second degree is punishable by five to ten years imprisonment, a fine of up to $150,000, or both. A crime of the first degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both.

The person depicted in the non-consensual disclosure may also bring a civil action in the Superior Court for invasion of privacy.

Takes effect immediately upon enactment.

Latest Action: Introduced, Referred to Assembly Judiciary Committee on March 8, 2023
Deadline: January 9, 2023

Bill Status
Introduced
Passed First Committee
Passed First Chamber
Passed Both Committees
Passed Both Chambers
Signed
Enacted
More Info
Read the Bill: NJ S 3707 NJ A 5333
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SHIELD Act of 2023

A bill to make it unlawful to knowingly mail or distribute an intimate visual depiction of an adult engaging in sexually explicit conduct or who is nude or partially nude under the following conditions:

  • With knowledge of the adult individual's lack of consent to the distribution.
  • What is depicted was not voluntarily exposed by the individual in a public or commercial setting.
  • What is depicted is not a matter of public concern.

It would specify that the individual's consent to the creation of the depiction would not establish that they consented to its distribution.

It also would make it unlawful to knowingly mail or distribute a visual depiction of a nude minor with intent to abuse, humiliate, harass or degrade the minor, or to arouse or gratify any person's sexual desire.

It would specify that anyone who violates such prohibitions, or attempts or conspires to or threatens to, would be fined, imprisoned for up to five years or both.

Latest Action: Passed out of Senate Judiciary Committee on May 16, 2023
Deadline: January 7, 2025

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: S 412 HR 3686
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Louisiana SB 175

The bill creates the crime of "unlawful deepfakes," which prohibits anyone who, with knowledge that material is a deepfake depicting another person, knowingly creates or possesses material that depicts a person engaging in sexual conduct.

The bill also prohibits "unlawful deepfakes involving minors" in Louisiana, which involves the creation or possession of any material depicting a minor engaging in sexual conduct using deepfake technology, and the advertisement, distribution, exhibition, exchange, promotion, or sale of any sexually explicit material depicting a minor using deepfake technology.

The penalties include imprisonment and large fines.

The bill becomes effective on August 1, 2023.

Latest Action: Signed by the Governor on June 28, 2023
Deadline:

Bill Status

Introduced

Passed First Committee

Passed First Chamber

Passed Both Committees

Passed Both Chambers

Signed

Enacted

More Info

Read the Bill: LA SB 175
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All bills about Non-Consensual Intimate Imagery deepfakes