HB 1299

This bill enacts the "Preventing Deepfake Images Act, which provides that an individual who is the subject of an intimate digital depiction that is disclosed without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate court as set forth in this bill. ""Deepfake"" means videos, images, or audio files that have been generat e d or manipulated by artificial intelligence in order to realistically portray something that did not actually occur. This bill provides that in the case of an individual who is not 18 or is incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this bill, but in no event may the defendant be named as such representati v e or guardian. Additionally, an individual's consent to the creation of the intimate digital depiction does not establish that the individual consented to its disclosure and consent is deemed validly given only if the consent is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual and the consent includes a general description of the intimate digital depiction and, if applicable, the visual work into which the digital depiction will be incorporate d . EQUITABLE RELIEF DAMAGES This bill provides that in a civil action filed under this bill, an individual may recover any of the following:  An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction.  The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred and either the actual damages sustained by the individual as a result of the intimate digital depiction including damages for emotional distress, liquidated damages in the amount of $150, 000, or punitive damages. This bill provides that in a civil action filed under this bill, a court may, in addition to any other relief available at law, order equitable relief, includ ing a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. Additionally, in ordering relief under this bill, the court may grant injuncti v e relief maintaining the confidentiality of a plaintiff using a pseudonym. This bill also provides that a court may authorize an in camera proceeding under this bill. This bill prohibits an identifiable individual from bringing an action for equitable r elief relating to (i) a disclosure the defendant can show was made in good faith to or by a law enforcement officer or agency in the course of reporting or investigating unlawful activity, or unsolicited or unwelcome conduct, or as part of a legal proceed i ng, or (ii) a disclosure made in good faith and reasonably intended to assist the identifiable individual. This bill provides that it is not a defense to an action under this bill or criminal prosecution, that there is a disclaimer stating that the inti mate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. LIMITATIONS This bill provides that a provider of an interactive computer service is not liable on account of any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions or any action taken to enable or make available to information content providers or other persons the technical means t o restrict access to intimate digital depictions. CRIMINAL PENALTIES This bill provides that it is an offense to disclose or threaten to disclose or solicit the disclosure of an intimate digital depiction with the intent to harass, annoy, threaten, al arm, or cause substantial harm to the finances or reputation of the depicted individual or with actual knowledge that, or reckless disregard for whether to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depi c ted individual. A violation is a Class E felony, punishable by a sentence of imprisonment not less than one year nor more than six years and a potential fine not to exceed $3, 000. However, this bill provides that a violation is a Class C felony, punish a ble by a sentence of imprisonment of not less than three years nor more than 15 years and a potential fine not to exceed $10, 000, in the case of a violation in which the creation, reproduction, or distribution of the intimate digital depiction could be re a sonably expected to affect the conduct of any administrative, legislative, or judicial proceeding of a governmental agency, including the administration of an election or facilitate violence. This bill provides that this bill does not prohibit prosecuti on and conviction under another criminal statute. ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1346, AS AMENDED. AMENDMENT #1 adds that disclosure of an intimate digital depiction must be intentional in order to be actiona ble under this bill. This amendment extends this bill's limitation against liability for providers of interactive computer service to information services and telecommunications services and adds that such services and providers are not liable under th is bill for content provided by another person in violation of this bill."