Bill > HB4047

This bill establishes the "Protection from Intimate Deep Fakes Act," which creates legal protections against nonconsensual creation and distribution of digitally manipulated images or videos (known as "deep fakes") that depict an individual's intimate parts or sexual acts. The bill defines a deep fake as a highly realistic technological representation that a reasonable person would believe depicts an actual person, created primarily through technical means rather than physical impersonation. Individuals who are victims of such deep fakes can bring civil lawsuits against creators or distributors if the image was made with the intent to cause harm, depicts intimate body parts or sexual acts, and makes the individual identifiable. The bill provides for various damages, including economic and non-economic compensation, and allows courts to issue injunctions to prevent further harm. Criminally, creating or disseminating such deep fakes can result in misdemeanor or felony charges, with penalties ranging from up to one year in jail and a $3,000 fine for basic violations to up to three years in prison and a $5,000 fine for more serious instances, such as creating deep fakes for profit or with intent to harass. The law includes important exceptions for legitimate purposes like criminal investigations, medical treatment, and reporting unlawful conduct, and explicitly protects internet service providers and technology companies from liability when they are not intentionally creating or promoting such content.