summary
Introduced
01/20/2026
01/20/2026
In Committee
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
AN ACT RELATING TO INVASION OF PRIVACY; AMENDING SECTION 30-37A-1 NMSA 1978 (BEING LAWS 2015, CHAPTER 42, SECTION 1) TO PROVIDE THAT THE CRIME OF UNAUTHORIZED DISTRIBUTION OF SENSITIVE IMAGES INCLUDES THE DISTRIBUTION OF SENSITIVE DEEPFAKE IMAGES; DEFINING "SENSITIVE DEEPFAKE IMAGE"; CREATING THE CRIME OF THREATENING TO DISTRIBUTE SENSITIVE IMAGES AND PROVIDING PENALTIES; ENACTING A NEW SECTION OF CHAPTER 41 NMSA 1978 TO PROVIDE THAT A PERSON MAY MAINTAIN A CIVIL ACTION FOR LIBEL, SLANDER OR INVASION OF PRIVACY BASED ON THE PUBLICATION OF SENSITIVE DEEPFAKE IMAGES AND LIMITING CERTAIN DEFENSES AND ALLOWING RECOVERY FOR CERTAIN TYPES OF DAMAGES; PROVIDING FOR CLAIMS ARISING FROM CRIMES RELATED TO INVASION OF PRIVACY OR THE DIGITAL EXPLOITATION OF CHILDREN AND ALLOWING RECOVERY FOR CERTAIN TYPES OF DAMAGES.
AI Summary
This bill expands existing laws to address the distribution of sensitive images, particularly those created or altered using "deepfake" technology, which refers to manipulated digital media that depicts someone in a way they did not actually appear or act. It makes the unauthorized distribution of sensitive deepfake images a crime, similar to the existing crime of distributing unauthorized sensitive images, which are defined as images depicting intimate acts or certain private body parts without consent and with intent to harm. The bill also creates a new crime of threatening to distribute sensitive images or sensitive deepfake images with the intent to harass, intimidate, or cause fear. Furthermore, it allows individuals to sue for libel, slander, or invasion of privacy if a sensitive deepfake image is published, even if they consented to the creation of the deepfake itself, and enables recovery of significant damages, including financial gains made by the perpetrator and attorney fees. The bill also clarifies that victims of certain crimes related to invasion of privacy or digital child exploitation can more easily pursue claims for intentional infliction of emotional distress and recover damages.
Sponsors (3)
Last Action
Not Printed (on 01/21/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=22&year=26 |
| Fiscal Note | https://www.nmlegis.gov/Sessions/26%20Regular/firs/HB0022.PDF |
| BillText | https://www.nmlegis.gov/Sessions/26%20Regular/bills/house/HB0022.pdf |
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