Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.
What changed between versions
Updated definition of 'deep fake media' to clarify it includes videos created or altered using software, machine learning, or AI that depicts real people performing actions that didn't occur in reality.
Added a new definition for 'visual depiction' to clarify it includes photographs, motion picture films, videotapes, digital images, or other visual recordings.
Strengthened consent requirements by specifying that valid consent must be documented in a written agreement drafted in plain language, including a general description of the deep fake media and any audiovisual work it will be incorporated into.
Maintained existing penalty structure (Class A misdemeanor, third-degree felony for repeat offenders) while clarifying that disclaimers or authenticity labels do not serve as defenses to prosecution.
Preserved affirmative defenses for law enforcement, medical treatment, reporting unlawful activity, and legal proceedings where production or distribution is permitted or required by law.
Confirmed the law takes effect on September 1, 2025, with retroactive application prohibited for offenses committed before that date.