DISTRIBUTION OF SENSITIVE AND DEEPFAKE IMAGES

HB 22 makes it illegal to distribute non-consensual "sensitive deepfake images" in New Mexico - defined as digitally altered images depicting private body parts (like uncovered genitals or a woman's breast below the areola) or intimate acts. It expands existing privacy laws to cover these deepfakes, creating new criminal penalties (misdemeanor for first offense, felony for repeat offenses) and threatening to distribute such images. Victims can now sue for libel, slander, or invasion of privacy in civil court, recovering actual damages, punitive damages, attorney fees, and profits gained by the perpetrator. The law specifically targets non-consensual distribution, excluding platforms from liability for user content and clarifying that consent to create a deepfake doesn’t cover its distribution.