LANSING, Mich. — Michigan lawmakers are moving forward with legislation aimed at cracking down on the nonconsensual creation and distribution of intimate “deep-fake” content, a growing threat fueled by artificial intelligence that experts say is increasingly being used to extort victims, including children.
The bipartisan package includes House Bill 4047, known as the “Protection from Intimate Deep Fakes Act,” and House Bill 4048, which updates Michigan’s sentencing guidelines to reflect the seriousness of such offenses. The bills were introduced in January by Rep. Matthew Bierlein, a Republican from Vassar, and Rep. Penelope Tsernoglou, a Democrat from East Lansing.
Both proposals have cleared the House and Senate and are now back in the House for concurrence before heading to Gov. Gretchen Whitmer’s desk.
Under House Bill 4047, offenders could face misdemeanor penalties of up to one year in prison and fines as high as $3,000. More serious cases including those tied to harassment, extortion, profit or repeated offenses would be treated as felonies, punishable by up to three years behind bars and a $5,000 fine. Victims would also be given the right to pursue civil lawsuits, with courts able to award damages for mental anguish and financial harm, as well as profits offenders gained from the images. Judges could also issue injunctions and levy daily fines for ongoing violations.
The bill spells out that consent cannot be implied or buried in fine print, but must instead be given in a plain-language, signed agreement that clearly identifies what content is being created and how it will be used. Lawmakers also carved out exemptions for medical, legal and investigative purposes, as well as public-interest reporting, provided the material is identified as digitally manipulated. Social media platforms and internet service providers are shielded from liability so long as they were not designed or marketed for nonconsensual use and maintain policies banning such content.
House Bill 4048 complements the measure by updating the state’s sentencing guidelines, formally classifying the most serious deep-fake cases as a felony. The bills passed with near-unanimous bipartisan support, with the House approving HB 4047 by a 104–1 margin and the Senate voting unanimously after clarifying amendments were made to address platform liability.
Bierlein said the measures are designed to close gaps in Michigan’s existing laws against sharing intimate images without consent.
“Too many people have been tricked or pressured into ‘consenting’ through confusing fine print,” he said in a statement. “This bill fixes that by requiring a simple, clear document that spells out what’s being made and where it can be shared. If there’s ever a fight over it, a judge can look at the agreement. Anything forged or forced doesn’t count.”
Chris McKenna, founder and CEO of the online safety organization Protect Young Eyes, praised the legislation, saying it is urgently needed to protect children from exploitation.
“They need to be held accountable. And we live in a time of the digital age where our laws are horribly, woefully behind,” McKenna said.
His group works with parents, schools and churches to equip kids with safer online practices and has warned about the dangers of AI-powered chatbots and image generators that are released without built-in safeguards.
“Social media promised us maybe a better way to connect with others,” McKenna added. “Artificial intelligence has a much more sinister promise.”
If the House approves the bills without further changes, they will move to Gov. Whitmer for a final signature. Lawmakers from both parties say they are confident the measures will become law, giving prosecutors stronger tools and victims more protections in the fight against AI-driven sexual exploitation.
