Bill > HB530

This bill addresses the growing issue of deepfake technology by expanding New Mexico's existing laws on unauthorized distribution of sensitive images to specifically include sensitive deepfake images. The bill defines a "sensitive deepfake image" as a digitally manipulated image depicting a person's uncovered genitals, exposed breasts, or engaging in intimate acts, without the person's consent. It creates two primary legal mechanisms to protect individuals: first, a criminal provision that makes it illegal to distribute or threaten to distribute such deepfake images, with penalties ranging from a petty misdemeanor to a fourth-degree felony for repeat offenses. Second, the bill establishes a civil cause of action that allows victims to sue for damages, including monetary gains made from the distribution of the deepfake images, punitive damages, attorney fees, and other relief. The legislation also clarifies that consent to the creation of an image does not automatically imply consent to its distribution, and it provides specific protections for victims of digital exploitation. Importantly, the bill maintains protections for internet service providers and those who disseminate content for legitimate public purposes, such as news organizations.