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Bill > AB855

WI AB855

WI AB855
Synthetic digital representations and providing a penalty.

summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, it is generally a Class I felony to capture or distribute representations depicting nudity without the consent of the person depicted. This bill provides criminal penalties to any person who creates and distributes what are commonly known as “deepfakes.” This bill provides that it is a Class A misdemeanor to create and post, publish, distribute, or exhibit a synthetic digital representation with intent to coerce, harass, or intimidate any individual or a Class I felony to do so with intent to defraud, coerce, or intimidate any individual for monetary gain. This bill defines a “synthetic digital representation” as a visual or audio representation to which all of the following apply: 1. It was generated, altered, or otherwise manipulated using technological means. 2. It uses an individual’s recognizable personal characteristic. 3. It would appear to a reasonable observer to be an authentic representation of an individual’s speech, conduct, or likeness. 4. It was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation. Under current law, a Class A misdemeanor is punishable by a fine of up to $10,000 or imprisonment for up to nine months, or both, and a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

AI Summary

This bill establishes new criminal penalties for the creation and distribution of "synthetic digital representations," commonly known as deepfakes, which are technologically generated or altered visual or audio depictions that use an individual's recognizable personal characteristics (like their face, likeness, or voice) and would appear authentic to a reasonable observer, all without the depicted individual's consent. Specifically, creating and distributing such a representation with the intent to coerce, harass, or intimidate an individual is a Class A misdemeanor, punishable by up to a $10,000 fine or nine months in jail, or both. However, if the intent is to defraud, coerce, or intimidate an individual for monetary gain, the offense escalates to a Class I felony, carrying a penalty of up to a $10,000 fine or three years and six months in prison, or both. The bill also clarifies that certain entities like technology providers, interactive computer service providers, and those distributing newsworthy or public importance content are exempt, as are individuals who clearly label the content as AI-generated. Furthermore, this bill amends existing statutes to include the new crime of creating synthetic digital representations within the definition of "racketeering activity" and allows for civil actions under the privacy statute for violations of this new law.

Committee Categories

Justice

Sponsors (18)

Last Action

Read first time and referred to Committee on Criminal Justice and Public Safety (on 01/16/2026)
(1 Companion Bills)

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