Deceptive Audio or Visual Media (“Deepfakes”) 2024 Legislation

Alabama

H 161

Crime of Private Image Distribution

Enacted

Provides that a person commits the crime of creating a private image if he or she knowingly creates, records, or alters a private image when the depicted individual has not consented to the creation, recording, or alteration and the depicted individual had a reasonable expectation of privacy; provides for criminal penalties for violations; provides that no developer or provider of technology shall be held in violation solely for providing or developing technology used by another person.

Alabama

H 172

Distribution of Materially Deceptive Media

Enacted

Relates to elections; provides that the distribution of materially deceptive media to influence an upcoming election is a crime; authorizes certain parties to seek permanent injunctive relief against anyone who distributes materially deceptive media to influence an upcoming election; provides definitions.

Alabama

S 29

Private Image and Visual Depiction Definition

Failed – Adjourned

Relates to crimes and offenses; amends sections 13A-6-240, as last amended by Act 2023-464, 2023 Regular Session, 13A-12-190, 13A-12-191, 13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, 13A-12-197 and 13A-12-198, Code of Alabama 1975; provides for the definitions of private image and visual depiction; provides for the age of a child for offenses involving obscene materials containing visual depictions of children; makes non-substantive, technical revisions.

Alaska

H 129

Voter Registration

Failed – Adjourned

Relates to voter registration; relates to candidate legal funds; relates to voting; relates to special needs voting; relates to absentee voting; relates to defamation claims based on the use of synthetic media; relates to the use of synthetic media in electioneering communications.

Alaska

H 306

Artificial Intelligence

Failed – Adjourned

Relates to use of AI to create or alter a representation of the voice or likeness of an individual.

Alaska

H 358

Artificial Intelligence Usage

Failed – Adjourned

Relates to use of artificial intelligence to create or alter a representation of the voice or likeness of an individual.

Alaska

S 177

Artificial Intelligence

Failed – Adjourned

Relates to artificial intelligence; requires disclosure of deepfakes in campaign communications; relates to cybersecurity; relates to data privacy.

Arizona

H 2138

Sexual Exploitation

Failed – Adjourned

Relates to sexual exploitation; relates to minor; relates to computer generated.

Arizona

H 2394

Candidates and Digital Impersonation

Enacted

Provides that a candidate for public office who will appear on the ballot in the state or any citizen of the state may bring an action for digital impersonation within a specified number of years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of that person was published; provides that the sole remedy on this cause of action is preliminary and permanent declaratory relief, with certain exceptions.

Arizona

S 1078

Fraudulent Voice Recordings

Failed – Adjourned

Relates to fraudulent voice recordings.

Arizona

S 1336

Deep Fake Recordings or Images

Vetoed

Provides that it is unlawful to intentionally disseminate a deepfake recording or image if all of the specified conditions apply, including when the person that intentionally creates and disseminates the deepfake recording or image knows or reasonably should know that the depicted individual does not consent to the dissemination and the deepfake recording or image realistically depicts the intimate parts of another individual that are presented as the intimate parts of the depicted individual.

Arizona

S 1359

Election Communications and Deep Fakes and Prohibition

Enacted

Provides that within 90 days before an election a candidate for elected office will appear on the ballot, a person who acts as a creator shall not create and distribute a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate unless the synthetic media message includes a clear and conspicuous disclosure that the media includes content generated by artificial intelligence.

Arizona

S 1515

Election Communications and Prohibition

Failed – Adjourned

Relates to election communications; relates to prohibition; relates to deep fakes.

Arkansas

None

 

 

 

California

A 1721

Crimes: False Depictions

Failed

Makes it a crime for a person to knowingly and without the consent of the depicted individual, distribute to, exhibit to, or exchange with others, or offer to distribute to, exhibit to, or exchange with others audio or visual media that falsely depicts an individual engaging in sexual conduct that would appear to a reasonable observer to be an authentic record of the conduct.

California

A 1831

Crimes: Child Pornography

To Governor

Provides that existing law prohibits the production, development, duplication, distribution, or possession of matter, in specified formats, that depicts a person under 18 engaging in or simulating sexual conduct. Provides that existing law prohibits the employment or use of a minor, or the permitting by a parent guardian of the employment or use of a minor to produce such matter. Expands the scope of these provisions to include matter that is generated using AI.

California

A 1836

Use of Likeness: Digital Replica

Enacted

Makes a person who produces, distributes, or makes available the digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without specified prior consent liable to any injured party in an amount equal to the greater of a specified amount or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness, with certain exceptions. Defines digital replica.

California

A 1856

Disorderly Conduct: Distribution of Intimate Images

Failed – Adjourned

Makes it a crime for a person to intentionally distribute a deepfake of an intimate body part or parts of another identifiable person, or a deepfake of the person depicted engaged in certain sexual acts, if the person distributing the deepfake knows or should know that the person depicted did not consent to the distribution and that the distribution of the deepfake will cause serious emotional distress and the person depicted suffers that distress. Defines deepfake.

California

A 1872

Crimes: Extortion

Failed – Adjourned

Provides that a threat to post, distribute, or create AI-generated images or videos of another may also induce fear sufficient to constitute extortion.

California

A 1873

Crimes: Sexual Exploitation of a Child

Failed – Adjourned

Makes a person guilty of a misdemeanor or a felony if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, generated using AI, that depicts a person under the age of 18 years engaged in an act of sexual conduct.

California

A 2355

Political Advertisements: Artificial Intelligence

Enacted

Relates to the use of AI in political advertisements. Specifies that any image, audio, video, or other media is generated, in whole or substantially, using AI if it is entirely created using AI or materially altered by AI such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version.

California

A 2602

Contracts Against Public Policy

Enacted

Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, on or after the specified date, by a digital replica of the individual if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual. Defines digital replica.

California

A 2655

Defending Democracy from Deepfake Deception Act of 2024

Enacted

Establishes the Defending Democracy from Deepfake Deception Act for the purpose of preventing the online dissemination of manipulated media and disinformation meant to deceive voters and to prevent voting. Requires a large online platform to block the posting or sending of materially deceptive and digitally modified or created content related to elections, during certain periods before and after an election. Requires a large online platform to develop procedures for state residents to report content.

California

A 2691

Crimes: Sexual Harassment

Failed – Adjourned

Makes a person guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create an intimate digital depiction of another individual without consent of that individual. Defines intimate digital depiction as an image or video of an individual that has been created or altered using digital manipulation and that depicts, among other things, an identifiable individual engaging in sexually explicit conduct.

California

A 2839

Elections: Deceptive Media in Advertisements

Enacted

Prohibits a person, committee, or other entity from knowingly distributing an advertisement or other election communication that contains certain materially deceptive and digitally altered or digitally created images or audio or video files with the intent to influence an election or solicit funds for a candidate or campaign. Authorizes, for a violation, certain persons to file a civil action to enjoin the distribution of the media and to seek damages.

California

A 3050

Artificial Intelligence

Failed – Adjourned

Requires the Department of Technology to issue regulations to establish standards for watermarks to be included in covered AI-generated material. Requires the department’s standard to, at a minimum, require an AI-generating entity to include digital content provenance in the watermarks.

California

S 926

Crimes: Distribution of Intimate Images

Enacted

Makes it a crime for a person to intentionally distribute or cause to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in specified sexual acts, that was created in a manner that would cause a reasonable person to believe the image is an authentic image, under specified circumstances.

California

S 933

Crimes: Child Pornography

Failed – Adjourned

Includes an image generated using AI as a computer-generated image, relative to crimes and child pornography.

California

S 970

Artificial Intelligence Technology

Failed – Adjourned

Requires the Judicial Council, by no later than specified date, to review the impact of AI on the introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by AI.

California

S 981

Sexually Explicit Digital Images

Enacted

Requires a social media platform to provide a mechanism that is reasonably accessible to a natural person located within the state to report digital identify theft to the social media platform. Requires a social media platform to permanently block a reported instance of digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported digital identity theft is digital identity theft.

California

S 1235

Public Postsecondary Education: Artificial Intelligence

Failed – Adjourned

Requires California State University, Long Beach, in consultation with other public institutions of higher education, to establish the Artificial Intelligence and Deepfake Working Group, and authorizes California State University, Long Beach to develop a scoping plan in the first year to establish the topics that may be evaluated by, and the stakeholders that may be included in, the working group.

California

S 1381

Crimes: Child Pornography

To Governor

Provides that existing law prohibits the production, development, duplication, distribution, or possession of matter, in specified formats, that depicts a person under 18 engaging in or simulating sexual conduct. Provides that existing law prohibits the employment or use of a minor, or the permitting by a parent or guardian of the employment or use of a minor for the production of such matter. Includes matter that is digitally altered or generated by the use of artificial intelligence.

Colorado

H 1147

Candidate Election Deepfake Disclosures

Enacted

Concerns the use of a deepfake in a communication related to a candidate for elective office, and, in connection therewith, requiring disclosure, providing for enforcement, and creating a private cause of action for candidates.

Connecticut

H 5262

Sexual Abuse and Assault Survey

Enacted

Requires the Connecticut School Health Survey to include the sexual abuse and assault awareness prevention survey for administrators that was created as part of the statewide sexual abuse and assault awareness and prevention program. Changes reference from child pornography to child sexual abuse material, which includes digitally created visual depictions in criminal statutes.

Connecticut

H 5421

Unlawful Dissemination of Intimate Images

Failed – Adjourned

Concerns unlawful dissemination of intimate images that are digitally altered or created using AI; criminalizes unauthorized dissemination of intimate images that are digitally altered or created using AI.

Connecticut

H 5450

Artificial Intelligence Deceptive Synthetic Media

Failed – Adjourned

Concerns AI, deceptive synthetic media and elections; provides that no person shall distribute, or enter into any agreement to distribute, a communication containing any image, audio or video of an individual during the 90-day period preceding any election or primary if such person knows or should reasonably know that such image, audio or video is deceptive synthetic media, the communication containing such deceptive synthetic media is distributed without the consent.

Connecticut

S 2

Artificial Intelligence

Failed – Adjourned

Concerning AI to: (1) establish requirements concerning the development, deployment and use of certain artificial intelligence systems; (2) establish an Artificial Intelligence Advisory Council; (3) prohibit dissemination of certain synthetic images; (4) prohibit distribution of, and agreements to distribute, certain deceptive media concerning elections; (5) require state agencies to study potential uses of generative artificial intelligence and propose pilot projects; (6) require the commissioner of administrative services to provide training concerning generative AI; (7) require the chief workforce officer to (A) incorporate AI training into workforce training programs, and (B) design a broadband outreach program; (8) require the Board of Regents for Higher Education to establish (A) a “Connecticut Citizens AI Academy,” and (B) certificate programs in fields related to AI; and (9) require the Department of Economic and Community Development to (A) develop a plan to offer high-performance computing services, (B) establish a confidential computing cluster, and (C) conduct a “CT AI Symposium.”

Delaware

H 316

Deep Fakes in Elections

To Governor

Relates to deepfakes in elections; provides that, with certain exceptions, it is unlawful for a person to distribute a deepfake or enter into a contract or other agreement to distribute a deepfake if the person knows or reasonably should know that the item being distributed is a deepfake and specified elements are present, including but not limited to when the distribution takes place within a specified number of days before an election.

Delaware

H 353

Deep Fakes

To Governor

Provides civil and criminal remedies for the wrongful disclosure of deepfakes that depict individuals in the nude or engaging in sexual conduct.

District of Columbia

B 832

Deepfake Political Advertising Regulation

Pending

Requires that all candidates, political action committees, political committees, independent expenditure committees and certain other entities that publish, distribute, disseminate, or cause to be published, distributed, or disseminated, to another person in the District, certain campaign materials or political communications that use or contain artificial media created or produced using generative AI include a certain disclosure.

Florida

H 757

Defamation False Light and Unauthorized Publication

Failed – Adjourned

Provides venue for damages for defamation or privacy tort based on material broadcast over radio or television; provides venue for damages for defamation or privacy tort based on material published, exhibited, or uttered on internet; provides rebuttable presumption that publisher of false statement acted with actual malice in certain circumstances; provides that a person who uses artificial intelligence to create or edit any form of media in certain manner is subject to liability in certain circumstances.

Florida

H 919

Artificial Intelligence Use in Political Advertising

Enacted

Requires certain political advertisements, electioneering communications, or other miscellaneous advertisements to include a specified disclaimer; specifies requirements for the disclaimer; provides for criminal and civil penalties; authorizes any person to file certain complaints; provides for expedited hearings.

Florida

H 1459

Artificial Intelligence Transparency

Failed

Creates Government Technology Modernization Council within Department of Management Services; requires entities and persons to create safety and transparency standards for content, images and videos generated by ai; requires disclosures for certain communications, interactions, images, likenesses and content; prohibits use of natural persons image or likeness without consent; provides certain political ads are subject to specified requirements.

Florida

S 850

Use of Artificial Intelligence in Political Advertising

Failed

Defines the term generative AI; requires that certain political advertisements, electioneering communications, or other miscellaneous advertisements include a specified disclaimer; provides for civil penalties; authorizes the filing of complaints regarding violations with the Florida Elections Commission.

Florida

S 1086

Defamation

Failed

Provides proper venue in a county where defamatory material was accessed by a third party; provides that publication of certain media forms the basis of a defamation action; designates the Protection of Public Figures from False Narratives and Defamation Law; prohibits journalists and media outlets from knowingly publishing or disseminating a false narrative or defamatory material about a public figure; provides an alternative standard of proof for actions where the defendant does not identify the source.

Florida

S 1220

Schemes to Defraud

Failed

Relates to schemes to defraud; revises the definition of the term scheme to defraud; provides for the reclassification of certain scheme-to-defraud offenses committed against persons of a specified age or older or persons with certain disabilities; authorizes a person whose image or likeness is used without his or her consent in a scheme to defraud to file a civil action for damages.

Florida

S 1680

Artificial Intelligence Transparency

Enacted

Creates the Government Technology Modernization Council; requires the council to submit specified recommendations to the Legislature and specified reports to the governor and the Legislature by specified dates; prohibits a person from knowingly possessing or controlling or intentionally viewing photographs, motion pictures, representations, images, data files, computer depictions, or other presentations which the person knows to include generated child pornography; provides for criminal penalties.

Florida

S 1780

Defamation False Light and Unauthorized Publication

Failed

Provides that provisions concerning journalists privilege do not apply to defamation claims when the defendant is a professional journalist or media entity; specifies that certain persons may not be considered public figures for purposes of certain actions; creates a presumption that a statement by an anonymous source is presumptively false for purposes of a defamation action; provides that a public figure does not need to show actual malice to prevail in a defamation action in certain circumstances.

Georgia

H 986

Elections and Primaries

Failed – Adjourned

Establishes the criminal offenses of fraudulent election interference and solicitation of such; provides for the attorney general to have concurrent jurisdiction over such crimes; provides for injunctive relief; requires the state Election Board to publish results of investigations into such offenses; provides that any person may use AI generated content in any campaign advertisement, so long as the campaign advertisement discloses specified information.

Georgia

H 1361

Obscene Material

Failed – Adjourned

Prohibits the distribution of computer-generated obscene material depicting a child; provides for the offenses of doxing and aggravated doxing; provides for penalties; provides for construction; provides for definitions; provides for related matters; provides for an effective date and applicability; repeal conflicting laws.

Georgia

S 392

Elections and Primaries Generally

Failed – Adjourned

Relates to elections and primaries generally, to establish the criminal offense of election interference with a deepfake and solicitation of such; provides for definitions; provides for exceptions; provides for punishment; provides for the state Election Board to publish results of investigations into such offenses.

Hawaii

H 79

Standard Based Media Literacy Curriculum

Failed – Adjourned

Provides that when developing a standards-based curriculum and implementing it in a school or complex, at the minimum, the curriculum shall meet specified requirements; provides that school complexes shall be authorized to incorporate media literacy into standards-based curriculum as appropriate, including content that prevents the negative impacts of misinformation, disinformation, digital discrimination, and online hate speech.

Guam

None

 

 

 

Hawaii

H 1734

Campaign Advertisements

Failed – Adjourned

Requires any campaign advertisement that contains any image, video footage, or audio recording that is created with the use of generative AI to include a disclosure statement regarding the use of that technology; subjects violators to administrative fines.

Hawaii

H 1766

Electioneering Communications

Failed – Adjourned

Prohibits the distribution of advertisements before an election that a person knows or should have known are deceptive and fraudulent deepfakes of a candidate; provides that, with certain exceptions, no person shall, within a specified number of days before a primary or general election, distribute a synthetic media message in an advertisement that the person knows or should have known is a deceptive and fraudulent deepfake of a candidate; provides for a cause of action.

Hawaii

S 914

Schools Media Literacy Curriculum

Failed – Adjourned

Authorizes school complexes to incorporate media literacy in its standards-based curriculum, including content that prevents negative impacts of misinformation, disinformation, digital discrimination and online hate speech.

Hawaii

S 2396

Electioneering Communications

Failed – Adjourned

Prohibits the distribution of electioneering communications before an election that a person knows or should have known are deceptive and fraudulent deepfakes of a candidate or party.

Hawaii

S 2687

Deceptive Media

Enacted

Provides that no person, with certain exceptions, shall recklessly distribute, or enter into an agreement with another person to distribute, between the first working day of February in every even-numbered year through the next general election, materially deceptive media in reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election; establishes criminal penalties and remedies for injured parties.

Hawaii

SCR 95

Artificial Intelligence and Art

Failed – Adjourned

Encourages the United States Congress to pass the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023 (No Fakes Act) and the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024 (No AI Fraud Act).

Hawaii

SR 81

Artificial Intelligence and Art

Failed – Adjourned

Encourages the U.S. Congress to pass the Nurture Originals, Foster Art and Keep Entertainment Safe Act of 2023 (No Fakes Act) and the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024 (No AI Fraud Act).

Idaho

H 382

Crimes Against Children

Failed – Adjourned

Amends existing law to provide that digital, computer-generated images may be considered in the crime of sexual exploitation of a child; revises provisions regarding the internet unit.

Idaho

H 391

Explicit Synthetic Media

Failed – Adjourned

Adds to existing law to provide for the crime of disclosing explicit synthetic media.

Idaho

H 407

Freedom From A.i.-Rigged Elections Act

Failed – Adjourned

Adds to existing law to provide for relief prohibiting the publication of synthetic media in electioneering communications, to establish provisions regarding an action prohibiting the publication of synthetic media in electioneering communications and to provide exceptions.

Idaho

H 426

Freedom From Ai-Rigged Elections Act

Failed – Adjourned

Adds to existing law to provide for relief prohibiting the publication of synthetic media in electioneering communications, to establish provisions regarding an action prohibiting the publication of synthetic media in electioneering communications and to provide exceptions.

Idaho

H 465

Crimes Against Children

Enacted

Relates to crimes against children; provides immunity for law enforcement officers in certain instances; provides for the crime of visual representations of the sexual abuse of children; provides for penalties; provides that a certain element of the crime is not required; provides for an affirmative defense; revises provisions regarding a certain duty of the attorney general; revises provisions regarding the Internet Crimes Against Children Unit.

Idaho

H 565

Electioneering Communications

Failed – Adjourned

Adds to and amends existing law to revise the definition of electioneering to provide for relief and prohibiting the publication of synthetic media in electioneering communications; establishes provisions regarding an action prohibiting the publication of synthetic media in electioneering communications; provides exceptions.

Idaho

H 575

Disclosing Explicit Synthetic Media

Enacted

Provides that a person is guilty of disclosing explicit synthetic media when the person knowingly, among other things, discloses explicit synthetic media and knows or reasonably should know that an identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to such disclosure and disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress; provides for criminal penalties; provides for exceptions.

Idaho

H 664

Freedom From AI-Rigged (FAIR) Elections Act

Enacted

Provides that a candidate whose action or speech is deceptively represented through the use of synthetic media in an electioneering communication may seek injunctive or other equitable relief prohibiting the publication of such synthetic media; provides that a candidate whose action or speech is deceptively represented through the use of synthetic media in an electioneering communication may bring an action for damages; provides an affirmative defense if the communication includes a specified disclosure.

Illinois

H 299

Courses of Study Article of the School Code

Pending

Amends the Courses of Study Article of the School Code; provides that, in provisions concerning bullying and cyberbullying, beginning with the specified school year, the term cyberbullying includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual.

Illinois

H 3285

Artificial Intelligence Consent Act

Pending

Creates the Artificial Intelligence Consent Act; provides that if a person creates an image or video that uses AI to mimic or replicate another person’s voice or likeness in a manner that would otherwise deceive an average viewer and displays the content for public viewing, the creator must provide a disclosure on the bottom of the image or video that the image or video is not authentic and does not reflect the original voice or likeness of the person being depicted.

Illinois

H 4623

Vehicle Code

Enacted

Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit; provides that a person convicted of committing or attempting to commit obscene depiction of a purported child is ineligible for a CDL with a school bus driver endorsement; provides that child pornography does not include images or materials in which the creator of the image or materials is the sole subject of the depiction.

Illinois

H 4624

Election Code

Pending

Amends the Election Code; in provisions concerning the prevention of voting or candidate support and conspiracy to prevent voting, provides that the term deception or forgery includes, but is not limited to the creation and distribution of a digital replica or deceptive social media content that a reasonable person would incorrectly believe is a true depiction of an individual, is made by a government official or candidate for office within the state, or is an announcement or communication.

Illinois

H 4644

Election Code

Pending

Amends the Election Code; provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: the person knows the media falsely represents a depicted individual; the distribution occurs within specified number of days before an election; the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result.

Illinois

H 4762

Digital Voice and Likeness Protection Act

Enacted

Creates the Digital Voice and Likeness Protection Act; removes a provision that provides that any person who is currently under, or has entered, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by the specified date.

Illinois

H 4763

Digital Forgeries Act

Pending

Creates the Digital Forgeries Act; provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted.

Illinois

H 4837

Criminal Code of 2012 and Child Pornography

Pending

Amends the Criminal Code of 2012; provides that for purposes of violating the child pornography law, depicting a person under specified years of age personally engaging in or personally simulating any act of sexual penetration or sexual conduct includes a representation of a real or fictitious person through use of artificially intelligent software or computer-generated means, who is, or who a reasonable person would regard as being, a real person under specified years of age.

Illinois

H 4869

Consumer Fraud and Deceptive Business Practices Act

Pending

Amends the Consumer Fraud and Deceptive Business Practices Act; provides that any person who, for any commercial purpose, makes, publishes, disseminates, airs, circulates, or places an advertisement for goods or services before the public or causes, directly or indirectly, an advertisement for goods or services to be made, published, disseminated, aired, circulated, or placed before the public, that the person knows or should have known contains synthetic media.

Illinois

H 4875

Publicity Act

Enacted

Amends the Right of Publicity Act; grants additional enforcement rights and remedies to recording artists; provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the act by another party after having reason to know that the other party is in violation; limits, in a subsection concerning enforcement of rights and remedies by recording artists, references to enforcement of rights and remedies.

Illinois

H 4933

Digital Forgeries in Politics Act

Pending

Creates the Digital Forgeries in Politics Act; provides that an individual depicted in a digital forgery who is an resident and a candidate for office in this state has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if the distribution occurs within specified number of days before a regular election.

Illinois

H 5594

Digital Replicas

Pending

Creates the Nurture Originals, Foster Art and Keep Entertainment Safe Act, which may be referred to as the NO FAKES Act; creates a civil action for a violation of specified provisions may be brought by an individual, the image, voice, or visual likeness of whom is used in the digital replica that is the subject of the action; provides that any other person that owns or controls; includes by virtue of an exclusive license, the rights to the image, voice, or visual likeness of this individual.

Illinois

H 5848

School Code and Cyberbullying

Pending

Amends the School Code; concerns bullying and cyberbullying; provides that the term cyberbullying includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, such as sexually explicit digitized depictions of the individual.

Illinois

S 1392

Digital Forgeries Act

Pending

Creates the Digital Forgeries Act; provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted.

Illinois

S 1742

Election Code

Pending

Amends the Election Code; provides that a person commits a Class A misdemeanor if the person, with intent to injure a candidate or influence the result of an election, creates a deepfake video and causes the deepfake video to be published or distributed within 30 days of an election.

Illinois

S 2741

Unlawful Deepfake and Minors

Pending

Amends the Criminal Code of 2012; creates the offense of unlawful deepfake of a minor engaging in sexual activity; provides that any person who, with knowledge that the material is a deepfake depicting a minor under 18 years of age, knowingly distributes, advertises, exhibits, exchanges with, promotes, or sells any material that depicts a minor engaging in sexual conduct or sexual penetration is guilty of a Class 1 felony.

Illinois

S 2762

Election Code

Pending

Amends the Election Code; provides that, if a person, committee, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, a statement that the qualified political advertisement was generated in whole or substantially by AI that satisfies specified requirements; provides for civil penalties and exceptions to the provision.

Illinois

S 2786

Digital Forgeries Act

Pending

Creates the Digital Forgeries Act; provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted.

Illinois

S 2940

Vehicle Code

Pending

Amends the Vehicle Code; provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit; amends the Criminal Code of 2012; provides that child pornography includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity.

Illinois

S 2983

Election Code and Vote Prevention

Pending

Amends the Election Code; relates to provisions concerning the prevention of voting or candidate support and conspiracy to prevent voting, provides that the term deception or forgery includes, but is not limited to the creation and distribution of a digital replica or deceptive social media content that a reasonable person would incorrectly believe is a true depiction of an individual, is made by a government official or candidate for office within the state, or is an announcement or communication made.

Illinois

S 3248

Artificial Intelligence and Fake Replicas

Pending

Creates the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act and may be referred to as the No AI Fraud Act; defines terms such as personalized cloning service, digital voice replica, voice, likeness and digital technology; provides that every individual has a property right in his or her own likeness and voice; creates a private cause of action against any person or entity who, without consent of the individual whose voice or likeness rights are affected.

Illinois

S 3325

Right of Publicity Act

Pending

Amends the Right of Publicity Act; grants additional enforcement rights and remedies to recording artists; provides for the liability of any person who materially contributes to, induces, or otherwise facilitates a violation of a specified provision of the act by another party after having reason to know that the other party is in violation; deletes the phrase exercise and the phrase exercised and, in the provisions regarding a recording artist enforcing remedies under this act.

Illinois

S 3705

Digital Voice and Likeness Protection Act

Pending

Creates the Digital Voice and Likeness Protection Act; provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions, the provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person.

Indiana

H 1047

Sexual Offenses

Enacted

Relates to an action for injury to a person that: results from the sexual abuse of a child, is barred due to the expiration of the statute of limitations period and is brought against a congressionally chartered organization that was incorporated before June 16, 1916.

Indiana

H 1133

Digitally Altered Media in Elections

Enacted

Defines fabricated media; provides that if a campaign communication includes fabricated media depicting a candidate, the person that paid for the campaign communication must include a disclaimer, separate from the disclaimer; provides that a candidate depicted in fabricated media that is included in a campaign communication that does not include a disclaimer required may bring a civil action.

Indiana

H 1225

Fabricated Media Usage

Failed – Adjourned

Relates to use of fabricated media; defines fabricated media as recorded audio, a recorded image, or recorded video of an individual’s speech, appearance, or conduct, that has been altered without the individual’s consent such that, the media conveys a materially inaccurate depiction of the individual’s speech, appearance, or conduct and a reasonable person would be unable to recognize that the recording has been altered.

Indiana

H 1228

Fabricated Media

Failed – Adjourned

Relates to fabricated media; defines fabricated media as recorded audio, a recorded image, or recorded video of an individual’s speech, appearance, or conduct, that has been altered without the individual’s consent such that, the media conveys a materially inaccurate depiction of the individual’s speech, appearance, or conduct as recorded in the unaltered recording and a reasonable person would be unable to recognize that the recording has been altered.

Indiana

H 1283

Altered Media in Elections Usage

Failed – Adjourned

Relates to use of altered media in elections; defines fabricated media; allows a candidate depicted in fabricated media disseminated by a person in violation of this prohibition to bring a civil action against the person and specifies the relief that a court may grant a prevailing plaintiff.

Indiana

S 7

Use of Fabricated Media in Elections

Failed – Adjourned

Relates to use of fabricated media in elections; defines fabricated media as any of the following that is created through a generative adversarial network or other generative AI technology, an altered facsimile of an audio or visual recording depicting an individual’s speech, appearance, or conduct, the alteration of which, is made without the individual’s consent, results in a materially inaccurate depiction of the individual’s speech, appearance, or conduct.

Iowa

H 2048

Harassment

Failed

Relates to harassment by the dissemination, publishing, distribution, or posting of a visual depiction showing another person in a state of full or partial nudity or engaged in a sex act that has been altered to falsely depict another person and makes penalties applicable.

Iowa

H 2049

Sexual Exploitation of a Minor

Failed

Relates to sexual exploitation of a minor by the creation, adaptation, or modification of a visual depiction to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act and making penalties applicable.

Iowa

H 2241

Sexual Exploitation of a Minor

Failed

Relates to sexual exploitation of a minor by the creation, adaptation, or modification of a visual depiction to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act and makes penalties applicable.

Iowa

H 2499

Publication of Synthetic Media Concerning an Election

Failed – Adjourned

Relates to the publication of synthetic media concerning an election and provides penalties.

Iowa

H 2549

Conduct of Elections

Failed – Adjourned

Relates to the conduct of elections, including the use of AI and deceptive statements and provides penalties.

Iowa

S 2136

Sexual Exploitation of a Minor

Failed – Adjourned

Relates to sexual exploitation of a minor by the creation, adaptation, or modification of a visual depiction to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act and makes penalties applicable.

Iowa

S 2243

Sexual Exploitation of a Minor

Enacted

Relates to sexual exploitation of a minor by the creation, adaptation, or modification of a visual depiction to give the appearance that an identifiable minor is engaged in a prohibited sexual act or the simulation of a prohibited sexual act and makes penalties applicable.

Iowa

S 2318

Publication of Synthetic Media Concerning an Election

Failed – Adjourned

Relates to the publication of synthetic media concerning an election and provides penalties.

Kansas

H 2559

Generative Artificial Intelligence in Election Campaign

Failed

Relates to prohibiting the use of generative AI to create false representations of candidates in election campaign media or of state officials.

Kansas

H 2576

Signed Statements of Fair Campaign Practices

Failed – Adjourned

Relates to requiring the publication of signed statements of fair campaign practices and providing a cause of action for violations of such statements.

Kansas

S 375

Generative Artificial Intelligence in Election Campaign

Failed – Adjourned

Relates to prohibiting the use of generative AI to create false representations of candidates in election campaign media or of state officials.

Kansas

S 525

The Protection Against Deep Fakes Act

Failed – Adjourned

Relates to creating the protection against deepfakes act to provide a cause of action for damages arising from the use of generative AI to create an image or likeness of another person without such person’s consent for use in obscene material.

Kentucky

H 45

Privacy Protection

Failed – Adjourned

Defines terms related to automated license plate readers; establishes limitations on use and sale of data captured by automated license plate readers; defines terms and establishes limitations on the use of an unmanned aircraft system; establishes a cause of action for the unauthorized use of an unmanned aircraft system; establishes a statute of limitations for an action filed for the unauthorized use of an unmanned aircraft system; defines terms and establishes limitations on deepfakes.

Kentucky

H 82

Child Pornography

Failed – Adjourned

Includes any computer-generated image, picture, or motion picture in the definition of matter; makes technical corrections.

Kentucky

H 207

Crimes and Punishments

Enacted

Defines child sex doll and traffic; provides that a person is guilty of trafficking a child sex doll when he or she knowingly traffics a child sex doll; provides that any person who has in his or her possession more than one child sex doll shall be rebuttably presumed to have that child sex doll in his or her possession with the intent to traffic it.

Kentucky

S 131

Election Provisions

Failed – Adjourned

Defines electioneering communication, information content provider, interactive computer service, sponsor and synthetic media; establishes a cause of action for the use of synthetic media in an electioneering communication; establishes an affirmative defense that the electioneering communication includes a conspicuous disclosure; provides that the sponsor of the electioneering communication may be held liable, but the medium is not liable, except in certain circumstances.

Kentucky

S 266

Automated Online Activity

Failed – Adjourned

Defines terms; prohibits a bot from communicating or interacting with another person in Kentucky online with the intent to mislead the other person about its artificial identify for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction; provides that a violation of the act is a deceptive act or practice in the conduct of trade or commerce; prohibits a private right of action.

Kentucky

S 317

Commercial Rights to Individuals

Failed – Adjourned

Defines terms; establishes property rights in every individual’s name, voice, or likeness; establishes how those property rights may be transferred or terminated; provides for liability, enforcement, and damages resulting from violation of those property rights.

Louisiana

H 154

Prohibited Political Materials

Vetoed

Provides that no person shall cause to be distributed or transmitted any oral, visual, digital, or written material containing any image, audio, or video of a known candidate or of a person who is known to be affiliated with the candidate which he knows or should be reasonably expected to know has been created or intentionally manipulated to create a realistic but false image, audio or video with the intent to deceive a voter or injure the reputation of a known candidate in an election; specifies penalties.

Louisiana

S 6

Computer Related Crime

Enacted

Relates to computer related crime; creates the crime of unlawful dissemination or sale of images of another created by artificial intelligence; provides definitions; provides penalties.

Louisiana

S 9

Liability

Failed – Adjourned

Provides for civil liability for distributing certain synthetic media.

Louisiana

S 97

Political Campaigns

Vetoed

Provides that no person shall cause to be distributed, or transmitted, any oral, visual, digital, or written material containing any statement or depiction which he knows or should be reasonably expected to know makes a false statement about or representation of a candidate in a primary or general election or about a proposition; provides that if the communication utilizes deep fake technology, artificial intelligence, or similar tools, it shall state that the communication contains these elements.

Louisiana

S 217

Election Code

Failed – Adjourned

Defines deep fake in the Election Code.

Louisiana

S 488

Unethical Election Practices

Enacted

Prohibits certain false statements by political committees; provides that no candidate in an election or any political committee shall, with the intent to mislead the voters, distribute or cause to be distributed any oral, visual, digital, or written material containing any statement which he knows or should be reasonably expected to know makes a false statement about another candidate in the election.

Maine

None

 

 

 

Maryland

H 145

Revenge Porn Visual Representation

Failed – Adjourned

Clarifies what constitutes a visual representation for purposes of a certain prohibition against distributing a certain visual representation in a certain manner.

Maryland

H 333

Election Misinformation and Election Disinformation

Enacted

Requires the State Board of Elections to maintain a portal on the State Board’s website that the public may use to report election misinformation and election disinformation; requires the State Board to conduct a periodic review of material submitted by the public through the portal and, to the extent necessary, issue corrective information or refer submissions to the State Prosecutor; defines influence for purposes of certain provisions of law prohibiting improper influence related to voting.

Maryland

H 872

Campaign Materials Synthetic Media Use Disclosure

Failed – Adjourned

Requires that candidates, campaign finance entities and certain other persons, or agents of candidates, campaign finance entities, or certain other persons, that publish, distribute, or disseminate, or cause to be published, distributed, or disseminated, to another person in the state certain campaign materials that use or contain synthetic media include a certain disclosure in a certain manner.

Maryland

H 1062

Digitally Altered or Generated Visual Representations

Failed – Adjourned

Prohibits a person from knowingly distributing an intentionally digitally altered or generated representation of another identifiable person that displays the other person with his or her intimate parts exposed or while engaging in an act of sexual activity under certain circumstances; establishes a certain cause of action for a victim of a violation of the act.

Maryland

S 65

Child Pornography Prohibitions

Failed – Adjourned

Prohibits a person from possessing more than specified number of images of certain child pornography or possessing images of certain child pornography depicting a minor or an individual indistinguishable from a minor under certain age.

Maryland

S 858

Revenge Porn Civil Action and Reporting Requirement

Failed – Adjourned

Authorizes a person to bring a civil action for the nonconsensual distribution of a visual representation of the person with the person’s intimate parts exposed or while the person is engaged in sexual activity; authorizes the attorney general to bring a civil action under the act; prohibits visual representations in court documents under the act from being made available for public inspection; requires the Administrative Office of the Courts to submit a certain annual report to the General Assembly.

Maryland

S 978

Election Law Synthetic Media Disclosure and Regulation

Failed – Adjourned

Requires certain persons that publish, distribute, or disseminate, or cause to be published, distributed, or disseminated synthetic media, to publish on their website or submit to the state Board of Elections for publication certain original media content; requires certain persons that publish, distribute, or disseminate or cause to be published, distributed, or disseminated synthetic media to include a certain disclosure in a certain manner.

Massachusetts

H 72

Deepfake and Digital Provenance Task Force

Pending

Establishes a state Deepfake and Digital Provenance Task Force to protect against deepfakes used to facilitate criminal or torturous conduct.

Massachusetts

H 4406

Deepfake and Digital Content Forgery

Pending

Relates to establishing a task force on the use of deepfake and digital content forgery.

Massachusetts

S 2703

Prevent Abuse and Exploitation

Pending

Relates to prevent abuse and exploitation.

Massachusetts

S 2710

Abuse and Exploitation Prevention

Pending

Relates to the prevention of abuse and exploitation (House, No. 4241, amended) (being the text of Senate document numbered 2703, printed as amended).

Massachusetts

S 2730

Election Communications

Pending

Relates to deceptive and fraudulent deepfakes in election communications.

Massachusetts

S 2831

Disinformation in Elections

Pending

Relates to disinformation in elections, including materially deceptive audio or visual media.

Michigan

H 5141

Campaign Practices

Enacted

Provides that if a person, committee or other entity creates, originally publishes or originally distributes a qualified political advertisement, the qualified political advertisement must include, in a clear and conspicuous manner a statement that meets specified requirements, including, if applicable, the advertisement must state that the qualified political advertisement was generated in whole or substantially by AI.

Michigan

H 5142

Campaign Finances

Pending

Modifies sentencing guidelines for campaign finance violations.

Michigan

H 5569

Civil Actions

Pending

Provides cause of action for media that falsely depicts an individual engaging in sexual conduct.

Michigan

H 5570

Deep Fake Images

Pending

Enacts guidelines for dissemination of deepfake sexual images.

Michigan

H 5704

Mandatory Sentencing

Pending

Amends mandatory sentencing for certain crimes, including computer-generated child sexually abusive material.

Minnesota

H 2391

Crime of Digital Picture or Recording Misrepresentation

Failed – Adjourned

Relates to crime; provides for the crime of digital picture and recording misrepresentation.

Minnesota

H 2890

State Government

Failed – Adjourned

Relates to state government; provides for certain crime, public safety, victim, sentencing, expungement, clemency, evidence, policing, private security, corrections, firearm, controlled substances, community supervision and 911 Emergency Communication System policy provisions in statutes and laws; provides for reports; authorizes rulemaking; appropriates money.

Minnesota

H 3625

Public Safety

Failed – Adjourned

Relates to public safety; modifies the deepfake election crime; disqualifies a convicted person from holding elected office.

Minnesota

H 4772

Voting Rights

Enacted

Relates to elections; provides for policy and technical changes to elections and campaign finance provisions, including elections administration, campaign finance and lobbying and census and redistricting; establishes the Minnesota Voting Rights Act; modifies the crime of using deepfakes to influence election.

Minnesota

S 1026

Digital Picture and Recording Misrepresentation

Failed – Adjourned

Relates to crime; provides for the crime of digital picture and recording misrepresentation.

Minnesota

S 1267

Public Safety

Failed – Adjourned

Relates to public safety; modifies certain policy for corrections, probation, public safety, law enforcement and crime; provides for a report.

Minnesota

S 1394

Public Safety

Failed

Provides that a cause of action against a person for the nonconsensual dissemination of a deepfake exists under certain circumstances, including if a person disseminated a deepfake with knowledge that the depicted individual did not consent to its public dissemination and the deepfake realistically depicts, among other things, the intimate parts of another individual presented as the intimate parts of the individual; relates to using deepfake technology to influence an election.

Minnesota

S 3550

Public Safety

Failed – Adjourned

Relates to public safety; modifies the deepfake election crime; disqualifies a convicted person from holding elected office.

Minnesota

S 4003

Higher Education

Failed

Relates to higher education; makes policy and technical changes to certain higher education provisions including student sexual misconduct, student aid and institutional licensure provisions; imposes requirements for contracts with online programming companies; establishes policies and procedures for students with disabilities; requires reports.

Minnesota

S 4029

Public Safety

Failed – Adjourned

Relates to public safety; modifies the deepfake election crime.

Minnesota

S 4729

Elections

Failed

Modifies various provisions related to election administration; modifies various provisions relating to campaign finance and lobbying; amends requirements related to voter registration; amends absentee voting laws; modifies the authority of the Campaign Finance and Public Disclosure Board to impose a civil penalty and late fees; amends electioneering communications laws; requires the allocation and exclusion of certain incarcerated persons based on their last known address.

Mississippi

H 1267

Political Communications

Failed

Creates a new section of law to provide that if any political communications were generated in whole or in part by synthetic media using AI algorithms, then such political communications shall have a clear and prominent disclaimer stating that the information contained in the political communication was generated using AI algorithms; provides that if any published campaign materials or published printed materials were generated in whole or in part.

Mississippi

H 1504

Campaign Finance Laws

Failed

Revises the campaign finance laws; provides definitions for candidate committee and independent expenditure only committee; provides the content of the statement of organization for a candidate committee; requires both candidate committees and political committees to keep detailed accounts of funds received or expended by the committee; provides when those accounts may be viewed.

Mississippi

H 1689

Election Crime for Dissemination of a Deep Fake

Failed

Provides that a person who disseminates a deepfake shall be guilty of a crime if the person knows or had reason to know that the information being disseminated is a deepfake and the dissemination occurs within 90 days of an election, was disseminated without the consent of the depicted individual and was disseminated with the intent to injure a candidate, influence the result of an election or deter any person from voting; provides definitions; provides the sentencing for the crime.

Mississippi

S 2288

Unlawful Dissemination of Intimate Image

Failed

Criminalizes the unlawful dissemination or publication of an intimate or nonintimate image or audio created or altered by digitization where the image or audio is disseminated or published with intent to cause harm to the emotional, financial or physical welfare of another person and the actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication; defines terms; provides that the crimes include the use of images or audio created or altered.

Mississippi

S 2423

Political Advertisements Using AI

Failed

Requires qualified political advertisements that use AI to disclose the use of AI to the public; defines what is considered a qualified political advertisement and AI as used in this section; clarifies what information must be present in an advertisement to satisfy the disclosure requirement; specifies who is not liable for the failure of disclosure of the use of AI.

Mississippi

S 2577

Wrongful Dissemination of Digitizations

Enacted

Creates criminal penalties for the wrongful dissemination of digitizations.

Mississippi

S 2585

Campaign Finance Reform

Failed

Defines campaign committee and independent expenditure only committee; requires candidates and political committees to file a statement of organization prior to receiving contributions and making expenditures; requires candidate committees to file reports and amend the political committee filing process; requires a candidate committee to file a termination report to terminate obligations to submit required reports.

Mississippi

S 2778

Mississippians Right to Name Likeness and Voice Act

Failed

Establishes a short title for the Mississippians’ Right to Name, Likeness and Voice Act; provide that every individual has a property right in their own name, likeness and voice; provides certain liability for persons or entity who infringe on an individual’s rights under this act; provides a First Amendment defense to civil actions brought under this act; provides liability for the commercial use of an individual’s name, voice, or likeness.

Missouri

H 2573

Penalties for Disclosure of Intimate Digital Depictions

Failed – Adjourned

Creates the offense and civil penalties for disclosure of intimate digital depictions.

Missouri

H 2628

Distribution of Synthetic Media

Failed – Adjourned

Creates the offense of distribution of synthetic media relating to elections or candidates for public office.

Missouri

S 1424

Disclosure of Intimate Digital Depictions

Failed – Adjourned

Establishes provisions relating to the civil and criminal liability of disclosure of intimate digital depictions.

Missouri

S 1444

Digitally Altered Media

Failed – Adjourned

Creates provisions relating to digitally altered media.

Montana

No 2024

regular session

 

 

 

Nebraska

L 1203

Nebraska Political Accountability and Disclosure Act

Failed – Adjourned

Regulates AI in media and political advertisement under the Nebraska Political Accountability and Disclosure Act.

Nebraska

L 1390

Elections Certain Activities Prohibition

Failed – Adjourned

Requires a report and prohibit certain activities related to elections and to change and provide penalties.

Nevada

No 2024

regular session

 

 

 

New Hampshire

H 1432

Deepfakes

Enacted

Establishes the crime of fraudulent use of deepfakes and sets penalties therefor; establishes a cause of action for fraudulent use of deepfakes; prohibits registration of lobbyists who have been found to have fraudulently used deepfakes in certain cases; provides that a person is guilty of a Class B felony if the person knowingly creates, distributes, or presents any likeness in video, audio, or any other media of an identifiable individual that constitutes a deepfake for certain purposes.

New Hampshire

H 1500

Unlawful Distribution of Misleading Synthetic Media

Pending

Establishes the crimes of unlawful distribution of misleading synthetic media and unlawful distribution of election-related misleading synthetic media.

New Hampshire

H 1596

Artificial Intelligence Usage in Political Advertising

Enacted

Requires a disclosure of deceptive AI usage in political advertising; requires the disclosure of deceptive synthetic media and deceptive and fraudulent deepfakes usage in political advertising.

New Hampshire

H 1688

Artificial Intelligence

Enacted

Relates to the use of AI by state agencies; prohibits state agencies from using AI to manipulate, discriminate, or surveil members of the public.

New Hampshire

H 1710

Prohibited Use of Synthetic Media

Failed

Creates a civil cause of action for distribution of misleading synthetic media and creates certain requirements and remedies for the use of synthetic media in election contexts; provides that a person engages in distribution of misleading synthetic media when the person purposely distributes or makes publicly available synthetic media purported to be of or by an identifiable person without the consent of the identifiable person, without displaying a conspicuous notice and with the intent to mislead.

New Jersey

A 1604

Intentionally Deceptive Media Disclosures

Pending

Requires certain disclosures of intentionally deceptive audio or visual media.

New Jersey

A 1892

Deepfake Pornography

Pending

Prohibits deepfake pornography and imposes criminal and civil penalties for nonconsensual disclosure.

New Jersey

A 2364

Deep Fake Technology Unit

Pending

Establishes a Deepfake Technology Unit in the Department of Law and Public Safety; appropriates a specified amount.

New Jersey

A 2509

Child Pornography Law

Pending

Revises child pornography law.

New Jersey

A 2818

Deceptive Audio or Visual Election Media

Pending

Concerns certain intentionally deceptive audio or visual media and elections; prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within specified days of election.

New Jersey

A 2819

Deceptive Audio or Visual Media

Pending

Prohibits and imposes criminal penalty on distribution of certain intentionally deceptive audio or visual media within a specified number of days of election.

New Jersey

A 3540

Deceptive Audio or Visual Media

Pending

Establishes criminal penalties for production or dissemination of deceptive audio or visual media, commonly known as deepfakes.

New Jersey

A 3838

Deceptive Audio or Visual Media

Pending

Prohibits distribution of certain intentionally deceptive audio or visual media within 60 days of election with intent to deceive voter.

New Jersey

A 3912

Identity Theft

Pending

Extends crime of identity theft to include fraudulent impersonation or false depiction by means of AI or deepfake technology.

New Jersey

A 4435

Nonconsensual Pornographic Deepfake Threats

Pending

Updates certain crimes to include nonconsensual pornographic deepfake threats and disclosure.

New Jersey

A 4736

Public School Harassment and Bullying

Pending

Amends public school laws on harassment, intimidation and bullying to apply to certain acts against teachers and staff members; revises definition of harassment, intimidation or bullying in the Anti Bullying Bill of Rights Act to include electronic communication that uses deceptive audio or visual media.

New Jersey

AR 129

Deepfakes of Intimate Images Prevention

Pending

Urges Congress to enact Preventing Deepfakes of Intimate Images Act.

New Jersey

S 736

Fraudulent Impersonations or False Depictions

Pending

Expands crime of identity theft to include fraudulent impersonation or false depiction by means of artificial intelligence or deepfake technology.

New Jersey

S 976

Deepfake Pornography

Pending

Prohibits deepfake pornography and imposes criminal and civil penalties for non-consensual disclosure.

New Jersey

S 2483

Deceptive Audio or Visual Media

Pending

Prohibits creation or disclosure of deceptive audio or visual media, known as deepfakes, under certain circumstances.

New Jersey

S 2543

Deceptive Audio or Visual Media During Elections

Pending

Prohibits and imposes criminal penalty on distribution of certain intentionally deceptive audio or visual media within 90 days of election.

New Jersey

S 2544

Deceptive Audio or Visual Media

Pending

Establishes criminal penalties for production or dissemination of deceptive audio or visual media, commonly known as deepfakes.

New Jersey

S 2545

Deep Fake Technology Unit

Pending

Establishes Deep Fake Technology Unit in Department of Law and Public Safety; appropriates a specified sum.

New Jersey

S 3551

Nonconsensual Pornographic Deepfakes

Pending

Updates certain crimes to include nonconsensual pornographic deepfake threats and disclosure.

New Jersey

SR 104

Preventing Deepfakes of Intimate Images Act

Pending

Urges Congress to enact Preventing Deepfakes of Intimate Images Act.

New Mexico

H 182

Campaign Reporting Act

Enacted

Provides that if a person creates, produces or purchases an advertisement that contains materially deceptive media, which includes but is not limited to AI, the advertisement shall include a disclaimer; creates the crime of distributing or entering into an agreement with another person to distribute materially deceptive media to, among other things, mislead electors; provides for civil and criminal penalties.

New York

A 216

Advertisements Disclosing the Use of Synthetic Media

Pending

Provides that any person engaged in the business of dealing in any property or service who for any commercial purpose makes, publishes, disseminates, circulates or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public any advertisement respecting any such property or service shall disclose if synthetic media is in such advertisement, where such person knows or should have known; provides for civil penalties for violations.

New York

A 1942

Knowing and Reckless Promotion of False Material

Pending

Prohibits the knowing and reckless promotion of unlawful or false material; provides remedies for the violation of such prohibition.

New York

A 3596

Deep Fake Images

Pending

Provides that a person is guilty of unlawful dissemination or publication of an intimate image when they intentionally disseminate or publish a still or video image depicting another person with one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified and the actor knew or reasonably should have known that the person depicted did not consent to dissemination.

New York

A 4217

Crime of Aggravated Harassment

Pending

Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person’s face or their identifiable body part onto an image and such image depicts a pornographic or lewd sex act or graphic violence.

New York

A 4596

Health Care Facilities and Religious Worship Access Act

Pending

Enacts the Reproductive Health Care Facilities and Religious Worship Access act; creates the crime of criminal interference with health care services or religious worship when injuring, intimidating or interfering with a person obtaining or providing or assisting in obtaining or providing reproductive health services. Covered offenses include depicting any reproductive health care services patient, person assisting the reproductive health care services patient, provider or assistant with a computer-generated image.

New York

A 5631

New York State Fashion Workers Act

Pending

Enacts the New York State Fashion Workers Act.

New York

A 6319

Consumers Foundational Data Privacy Rights

Pending

Establishes consumers’ foundational data privacy rights; creates oversight mechanisms; establishes enforcement mechanisms; establishes the Privacy and Security Victims’ Relief Fund.

New York

A 6775

Unlawful Dissemination or Publication

Pending

Establishes the crime of unlawful dissemination or publication of a fabricated photographic, videographic, or audio record as a class E felony.

New York

A 6790

Creation of Synthetic Media

Pending

Provides that a person who, with intent to injure a candidate or unduly influence the outcome of an election, creates or causes to be created a fabricated photographic, videographic, or audio record and causes such fabricated photographic, videographic, or audio record to be disseminated or published within a specified number of days of an election shall be guilty of a Class E felony; specifies exceptions.

New York

A 7106

Political Artificial Intelligence Disclaimer (PAID) Act

Pending

Amends the Election Law, in relation to the use and disclosure of synthetic media; provides that any political communication which was produced by or includes any synthetic media shall be required to disclose the use of such synthetic media; provides that the disclosure on printed or digital political communications, including but not limited to brochures, flyers, posters, mailings, or internet advertising shall be printed or typed in an appropriate legible form.

New York

A 7904

Disclosure of the Use of Artificial Intelligence

Pending

Requires disclosure of the use of AI in political communications; directs the state board of elections to create criteria for determining whether a political communication contains an image or video footage created through generative AI and to create a definition of content generated by AI.

New York

A 8105

Oaths of Responsible Use Requirement

Pending

Provides that every operator of a generative or surveillance advanced AI system that is accessible to residents of the state shall require a user to create an account prior to utilizing such service; provides that prior to each user creating an account, such operator shall present the user with a conspicuous digital or physical document that the user must affirm under penalty of perjury prior to the creation or continued use of such account.

New York

A 8138

Contract Requirements for Digital Replicas

Pending

Establishes contract requirements for contracts involving the creation and use of digital replicas.

New York

A 8158

Publications Using Artificial Intelligence

Pending

Requires that every newspaper, magazine or other publication printed or electronically published in the state, which contains the use of generative AI or other information communication technology, shall identify that certain parts of such newspaper, magazine, or publication were composed through the use of AI or other information communication technology.

New York

A 8808

Transportation and Economic Development Budget

Enacted

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the specified state fiscal year.

New York

A 9028

Disclosure of Political Communication Produced by AI

Pending

Requires the disclosure of political communication produced by AI technology; defines terms; provides that any person who, with intent to damage a candidate or deceive the electorate, creates and disseminates artificial media shall be guilty of a Class E felony; establishes the Fair Use of Artificial Intelligence Code; makes related provisions.

New York

A 9054

Political Communication Using Generative AI

Pending

Prohibits political communication containing any photo, video or audio depiction of a candidate created in whole or in part using generative AI.

New York

A 9180

New York AI Child Safety Act

Pending

Enacts the New York AI Child Safety Act; relates to the unlawful promotion or possession of a sexual performance of a child created by digitization; defines terms; increases penalties from a Class D or E felony to a class C felony.

New York

A 9181

Swift Act

Pending

Enacts the Swift Act; defines terms; requires social media platforms to promptly remove unlawful publications of intimate images within 24 hours of the submission of the report; provides for attorney general enforcement; makes unlawful dissemination or publication of an intimate image a Class E felony.

New York

A 9816

Candidate Depicted in Materially Deceptive Media

Pending

Permits a candidate who was depicted in materially deceptive media in a political communication to seek injunctive or other equitable relief prohibiting the publication of such materially deceptive media unless certain disclosures are provided; establishes an affirmative defense.

New York

A 10260

Use of Deceptive Media in Political Communications

Pending

Prohibits the use of materially deceptive media in political communications when the information content provider that creates the communication has actual knowledge the communication is materially deceptive without disclosing such use.

New York

S 5761

Reproductive Health Care Facilities Access Act

Pending

Enacts the Reproductive Health Care Facilities and Religious Worship Access Act; creates the crime of criminal interference with health care services or religious worship when injuring, intimidating or interfering with a person obtaining or providing or assisting in obtaining or providing reproductive health services. Covered offenses include depicting any reproductive health care services patient, person assisting the reproductive health care services patient, provider or assistant with a computer-generated image.

New York

S 6638

Political Artificial Intelligence Disclaimer Act

Pending

Provides that all political committees that make an expenditure for a political communication shall be required to disclose the identity of the political committee which made the expenditure for such political communication; provides that any political communication which was produced by or includes any synthetic media shall be required to disclose the use of such synthetic media; provides that all committees shall keep records of their use of synthetic media during each campaign cycle.

New York

S 6859

Synthetic Performers in Advertisements

Pending

Amends the General Business Law; requires advertisements to disclose the use of synthetic media; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

New York

S 7592

Disclosure of the Use of Artificial Intelligence

Pending

Requires disclosure of the use of AI in political communications; provides that any political communication, regardless of whether such communication is considered a substantial or nominal expenditure, that uses an image or video footage that was generated in whole or in part with the use of AI, as defined by the state board of elections, shall be required to disclose that AI was used in such communication.

New York

S 7676

Contract Requirements

To Governor

Establishes contract requirements for contracts involving the creation and use of digital replicas.

New York

S 7881

Dissemination of Sexual Images

Pending

Establishes that when an actor threatens to disseminate or publish a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, including a still or video image created or altered by digitization, where such person may reasonably be identified from the still or video image itself or from information displayed in connection with the still or video image within the provisions of unlawful dissemination.

New York

S 8308

Transportation and Economic Development Budget

Pending

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the specified state fiscal year.

New York

S 8400

Creation of Synthetic Media to Influence Election

Pending

Provides that a person who, with intent to injure a candidate or unduly influence the outcome of an election, creates or causes to be created a fabricated photographic, videographic, or audio record and causes such fabricated photographic, videographic, or audio record to be disseminated or published within a specified number of days of an election shall be guilty of a Class E felony; exempts dissemination or publication of synthetic media that was created for the purpose of political or social commentary.

New York

S 8510

Prohibition on Sexually Explicit Depictions

Pending

Prohibits disseminating, publishing, distributing, or accessing certain sexually explicit depictions of individuals or children; establishes affirmative defense of consent; prohibits consent to such depictions by anyone under 18 years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.

New York

S 8631

Candidate Depicted in Materially Deceptive Media

Pending

Permits a candidate who was depicted in materially deceptive media in a political communication to seek injunctive or other equitable relief prohibiting the publication of such materially deceptive media unless certain disclosures are provided; establishes an affirmative defense.

New York

S 9678

Materially Deceptive Media in Political Communications

Enacted

Relates to the Election Law and materially deceptive media in political communications; provides that a person, firm, association, corporation, campaign, committee or organization that distributes or publishes any political communication that was produced by or includes materially deceptive media and has actual knowledge that it is deceptive shall be required to disclose this use; provides certain exceptions for media distributed by a bona fide news reporting entity for certain purposes.

North Carolina

H 1072

Political Advertisements

Pending

Requires disclaimer in political advertisements using AI.

North Carolina

S 828

Child Protection

Pending

Prohibits the creation, possession and dissemination of visual representations created, adapted or modified by any means to give the appearance that a minor is engaged in sexual activity; appropriates funds to the Department of Public Safety for costs associated with assisting law enforcement agencies in enforcing the laws as amended by this act.

North Carolina

S 880

Fraudulent Deepfakes in Election Communications

Pending

Prohibits the use of fraudulent deepfakes in election communications; appropriates funds for enforcement.

North Dakota

No 2024 regular session

 

 

 

Ohio

H 367

Regards Unauthorized Use of An Individual’s Persona

Pending

Makes changes to the law relating to the unauthorized use of an individual’s persona and to prohibit certain unauthorized deepfake recordings.

Ohio

H 401

Offense of Nonconsensual Distribution of Deepfake

Pending

Creates the offense of nonconsensual distribution of a deepfake.

Ohio

H 410

Deepfake Media Dissemination

Pending

Regulates the dissemination of deepfake media for the purpose of influencing the results of an election.

Ohio

S 217

AI Generated Product Watermark

Pending

Requires AI-generated products have a watermark, to prohibit simulated child pornography and to prohibit identity fraud using a replica of a person.

Oklahoma

H 3073

Crimes and Punishments

Failed – Adjourned

Provides that a person who disseminates or publishes a digitization depicting another person’s name, image, voice, or likeness without their written consent and attempts to deceive with the intent to cause emotional, financial, or physical harm shall be guilty of a misdemeanor on a first offense; provides that any digitization shall include a disclosure that the image is a digitization; provides that failure to disclose shall result in a misdemeanor; provides for penalties.

Oklahoma

H 3642

Oklahoma Law on Obscenity and Child Pornography

Enacted

Relates to crimes and punishments; relates to the Oklahoma law on obscenity and child pornography; modifies scope of certain unlawful act; relates to any visual depiction of a child that has been adapted, altered, or modified so that the child depicted appears to be engaged in any act of sexually explicit conduct; concerns to any visual depiction that appears to be a child, regardless of whether the image is a depiction of an actual child, a computer-generated image, or an image altered.

Oklahoma

H 3825

Elections and Definition

Failed – Adjourned

Relates to elections; defines terms; prohibits deceptive and fraudulent deepfakes of candidates for elective office; provides exception with certain disclosure; provides for certain relief; provides for penalties; provides exemptions; provides for codification; provides an effective date.

Oklahoma

H 3865

Crimes and Punishments

Failed – Adjourned

Relates to crimes and punishments; relates to the state law on obscenity and child pornography; expands scope of crime to include materials and pornography generated via AI; modifies certain terms to include AI-generated images; defines term; provides an effective date.

Oklahoma

H 4104

Crimes and Punishments

Failed – Adjourned

Relates to crime and punishments; expands scope of certain crimes to include deceptive audio or visual media; effective date.

Oklahoma

S 1655

Prohibited Media Distributions During Elections

Failed – Adjourned

Provides that a person, corporation, committee, or other entity shall not, within a specified number of days prior to an election at which a candidate for elective office will appear on the ballot, distribute a synthetic media message that the person, corporation, committee, or other entity knows or should have known is a deceptive and fraudulent deepfake of a candidate or party on the state or local ballot.

Oregon

S 1571

AI in Campaign Ads

Enacted

Relates to the use of AI in campaign communications; provides that a campaign communication that includes any form of synthetic media must include a disclosure stating that the image, audio recording or video recording has been manipulated; provides that the secretary of state may institute proceedings to enjoin any violation of this requirement; provides that the court shall impose a civil penalty.

Pennsylvania

H 1598

Child Sexual Abuse Material Generated By AI

Pending

Provides that it shall not be a defense for an offense relating to child pornography or child sexual abuse material that the creation of the child pornography or child sexual abuse material was generated through artificial intelligence; provides that the Attorney General or a district attorney shall prosecute an offense relating to child pornography or child sexual abuse material that was generated through artificial intelligence in accordance with the laws of the Commonwealth.

Pennsylvania

H 2079

Fraudulent Misrepresentation of a Candidate

Pending

Amends the act known as the Pennsylvania Election Code, in penalties; provides for the offense of fraudulent misrepresentation of a candidate; imposes a penalty.

Pennsylvania

H 2144

Election Advertising

Pending

Amends the act known as the Pennsylvania Election Code, in primary and election expenses; provides for advertising.

Pennsylvania

H 2353

Fraudulent Misrepresentation of Candidates

Pending

Provides for civil liability for fraudulent misrepresentation of candidates; imposes penalties.

Pennsylvania

H 2418

Offense of Sexual Abuse of Children

Pending

Amends Title 18 Crimes and Offenses of the Pennsylvania Consolidated Statutes; expands the crime of sexual abuse to cover artificially generated depiction in child pornography.

Pennsylvania

HR 170

Artificial Intelligence

Adopted

Directs the Joint State Government Commission to establish an advisory committee to conduct a study on the field of artificial intelligence and its impact and potential future impact.

Pennsylvania

S 1045

Artificially Generated Impersonations

Pending

Amends Title 18 Crimes and Offenses of the Pennsylvania Consolidated Statutes, in forgery and fraudulent practices; provides for the offense of unauthorized dissemination of artificially generated impersonation of individual.

Pennsylvania

S 1213

Unlawful Dissemination of Intimate Images

Pending

Provides for the offense of unlawful dissemination of intimate images; provides for the offense of sexual abuse of children and for the offense of transmission of sexually explicit images by minors; provides that any person who intentionally views or knowingly possesses or controls any child sexual abuse material or artificially generated child sexual abuse material commits an offense.

Pennsylvania

S 1217

Fraudulent Misrepresentation of Candidates

Pending

Provides for civil liability for fraudulent misrepresentation of candidates; imposes penalties.

Puerto Rico

S 1463

Electoral Code

Pending

Relates to the Electoral Code including the voter’s right to know if any propaganda, announcement or communication was partially or completely generated through the use or through AI; adds the definition of AI.

Rhode Island

H 7101

Criminal Offenses Created by Electronic Imaging Devices

Pending

Criminalizes the unauthorized dissemination of sexually explicit images of another person that are created by digital devices or created without the consent of the person depicted.

Rhode Island

H 7387

Deceptive and Fraudulent Synthetic Media in Election

Pending

Provides that a creator shall not, within a specified number of days of any election at which a candidate for elective office will appear on a ballot, distribute synthetic media that the creator knows or should know is deceptive and fraudulent synthetic media; provides that a candidate whose appearance, actions, or speech are depicted through the use of synthetic media in violation may seek injunctive or other equitable relief from the creator.

Rhode Island

H 8129

Electronic Imaging Devices

Pending

Includes visual images that are created or manipulated by digitization, or without the consent of the person, within the purview of the crime of unauthorized dissemination of indecent material; expands jurisdiction over the crime of unauthorized dissemination of indecent material to any county in which any part of the crime took place, in the county of residence of the victim or defendant, or any county wherein the image is received.

Rhode Island

S 2104

Criminal Offenses Regarding Children Protection

Pending

Prohibits the distribution, transfer, or possession of any material that depicts a minor engaging in sexually explicit conduct, is obscene and lacks serious literary, artistic, political, or scientific value with violators subject to imprisonment and fines ranging to specified number of years and fines to specified amount.

Rhode Island

S 2456

Synthetic Media in Election Communications

Pending

Prohibits a person, corporation, or political action committee from using synthetic media, within 90 days of any election; defines synthetic media as an image, an audio recording or a video recording of an individual’s appearance, speech or conduct that has been intentionally manipulated with the use of generative adversarial network techniques or other digital technology to create a realistic but fake image.

A. Samoa

Not available

 

 

 

South Carolina

H 4660

Deceptive and Fraudulent Deepfake Media

Failed – Adjourned

Prohibits the distribution of deceptive and fraudulent deepfake media of a candidate within ninety days of an election unless the media includes requisite disclosure language and to authorize a candidate whose likeness is depicted in media distributed in violation of this section to seek injunctive or other equitable relief as well as an action for damages against the distributor of the media.

South Carolina

H 4948

Applicable to Certain Offenses Against Minors

Failed – Adjourned

Relates to definitions applicable to certain offenses against minors; defines the term identifiable minor; relates to first degree sexual exploitation of a minor; amends relates to second degree sexual exploitation of a minor; amends relates to third degree sexual exploitation of a minor, all; incorporates identifiable minors into the purview of the statute to address morphed child images.

South Carolina

H 4972

Obscene Visual Representation

Failed – Adjourned

Provides that it is unlawful to produce or distribute obscene visual representations of child sexual abuse, or to possess such obscene visual representation; defines necessary terms; establishes penalties for violations; relates to the sex offender registry and offenses for which a conviction requires registration; adds the offense of obscene visual representations of child sexual abuse.

South Carolina

H 4973

Identifiable Minor

Failed – Adjourned

Relates to definitions applicable to certain offenses against minors; defines the terms identifiable minor and morphed image; relates to first degree sexual exploitation of a minor; amends relates to second degree sexual exploitation of a minor; amends relates to third degree sexual exploitation of a minor, all; incorporates identifiable minors and morphed images of identifiable children within the purview of these statutes; relates to the sex offender registry and offenses.

South Carolina

H 5374

Property Right in the Use of Individuals Information

Failed – Adjourned

Provides that every individual has a property right in the use of that individual’s name, photograph, voice, or likeness in any medium in any manner and to provide penalties.

South Carolina

H 5393

Every Individual Has a Property Right

Failed – Adjourned

Provides that every individual has a property right in the use of that individual’s name, photograph, voice, or likeness in any medium in any manner and to provide penalties.

South Carolina

H 5394

Crimes of Eavesdropping Peeping and Voyeurism

Failed – Adjourned

Relates to the crimes of eavesdropping, peeping and voyeurism; incorporates the realistic but false images, recordings, or digital electronic files created or altered using generative adversarial network techniques or other digital technology; increases penalties for violations; requires law enforcement agencies to destroy items when no longer needed as evidence; requires notification of additional potential victims by law enforcement agencies.

South Carolina

S 995

Sexual Exploitation of a Minor

Failed – Adjourned

Relates to definitions applicable to specified sections; defines identifiable minor and morphed image; relates to first degree sexual exploitation of a minor; includes morphed images of identifiable children as an offense; relates to second degree sexual exploitation of a minor; relates to third degree sexual exploitation of a minor; relates to the sex offender registry, so as to include those guilty of criminal sexual exploitation of a minor in the first, second, or third degree as a tier II offender.

South Carolina

S 996

Child Sexual Abuse

Failed – Adjourned

Create the offense of obscene visual representations of child sexual abuse, define terms and establish penalties; relates to the sex offender registry, to add the offense of obscene visual representations of child sexual abuse to the sex offender registry.

South Dakota

S 25

Child Pornography

Failed – Adjourned

Revises provisions regarding possessing, manufacturing, or distributing child pornography.

South Dakota

S 79

Child Pornography

Enacted

Revises provisions related to the possession, distribution and manufacture of child pornography; provides that a person is guilty of possessing child pornography if the person knowingly possesses any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act, or any computer-generated child pornography; provides that a violation is a Class 4 felony; defines the crime of distributing child pornography.

South Dakota

S 96

Deepfake Election Influence

Failed – Adjourned

Prohibits the use of a deepfake to influence an election, to provide a penalty therefor.

South Dakota

S 107

Materially Deceptive Media Dissemination

Failed – Adjourned

Prohibits the dissemination of materially deceptive media without disclosure and to provide a penalty therefor.

Tennessee

H 1964

Criminal Offenses

Failed – Adjourned

Expands the offense of unlawful exposure to include the distribution, with the intent to cause emotional distress, of an image of the intimate parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct and the image was created or modified by means of a computer software program, artificial intelligence application, or other digital editing tools.

Tennessee

H 1964

Criminal Offenses

Failed – Adjourned

Expands the offense of unlawful exposure to include the distribution, with the intent to cause emotional distress, of an image of the intimate parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct and the image was created or modified by means of a computer software program, artificial intelligence application, or other digital editing tools.

Tennessee

H 2030

Criminal Offenses

Failed – Adjourned

Expands the offense of unlawful exposure to include the distribution, with the intent to cause emotional distress, of an image of the intimate parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct and the image was created or modified by means of a computer software program, artificial intelligence application, or other digital editing tools.

Tennessee

H 2091

Protection of Personal Rights

Enacted

Replaces the Personal Rights Protection Act with the Ensuring Likeness, Voice and Image Security Act of 2024; provides that every individual has a property right in the use of that individuals name, photograph, voice, or likeness in any medium in any manner; provides that the exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee.

Tennessee

H 2163

Sexual Offenses

Enacted

Specifies that for the purposes of sexual exploitation of children offenses, the term material includes computer-generated images created, adapted, or modified by artificial intelligence; defines artificial intelligence.

Tennessee

H 2185

Election Laws

Failed – Adjourned

Requires political advertisements that are created in whole or in part by AI to include certain disclaimers; requires materially deceptive media disseminated for purposes of a political campaign to include certain disclaimers; establishes criminal penalties and the right to injunctive relief for violations.

Tennessee

H 2340

Consumer Protection

Failed – Adjourned

Creates a violation under the state Consumer Protection Act of 1977 for a person or entity that alters the appearance, action, or speech of an individual using synthetic media in a communication that is knowingly distributed publicly with the intent to malign, slander, defame, or otherwise intentionally mislead the public and damage the reputation of the individual.

Tennessee

H 2501

Election Laws

Failed – Adjourned

Requires political communications to contain a disclaimer if the communication was generated in whole or in part by synthetic media using AI algorithms.

Tennessee

H 2707

Consumer Protection

Failed – Adjourned

Requires a person to include a disclosure on certain content generated by AI that the content was generated using AI; makes it an unfair or deceptive act or practice under the Tennessee Consumer Protection Act of 1977 to distribute certain content generated using AI without the required disclosure.

Tennessee

S 1912

Criminal Offenses

Failed – Adjourned

Expands the offense of unlawful exposure to include the distribution, with the intent to cause emotional distress, of an image of the intimate parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct and the image was created or modified by means of a computer software program, AI application, or other digital editing tools.

Tennessee

S 2003

Criminal Offenses

Failed – Adjourned

Expands the offense of unlawful exposure to include the distribution, with the intent to cause emotional distress, of an image of the intimate parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct and the image was created or modified by means of a computer software program, AI application, or other digital editing tools.

Tennessee

S 2057

Election Laws

Failed – Adjourned

Requires political advertisements that are created in whole or in part by AI to include certain disclaimers; requires materially deceptive media disseminated for purposes of a political campaign to include certain disclaimers; establishes criminal penalties and the right to injunctive relief for violations.

Tennessee

S 2096

Trade Regulation

Failed – Adjourned

Defines and adds voice as a protected personal right; adds commercial availability of a sound recording or audiovisual work in which the individual’s name, voice, likeness, or image is readily identifiable to considerations for determining whether non-use has occurred; makes other related changes.

Tennessee

S 2386

Election Laws

Failed – Adjourned

Requires political communications to contain a disclaimer if the communication was generated in whole or in part by synthetic media using AI algorithms.

Tennessee

S 2431

Consumer Protection

Failed – Adjourned

Requires a person to include a disclosure on certain content generated by AI that the content was generated using AI; makes it an unfair or deceptive act or practice under the Tennessee Consumer Protection Act of 1977 to distribute certain content generated using AI without the required disclosure.

Tennessee

S 2460

Consumer Protection

Failed – Adjourned

Creates a violation under the Tennessee Consumer Protection Act of 1977 for a person or entity that alters the appearance, action, or speech of an individual using synthetic media in a communication that is knowingly distributed publicly with the intent to malign, slander, defame, or otherwise intentionally mislead the public and damage the reputation of the individual.

Tennessee

S 2668

Sexual Offenses

Failed – Adjourned

Specifies that for the purposes of sexual exploitation of children offenses, the term material includes computer-generated images created, adapted, or modified by AI; defines AI.

Texas

No 2024 regular session

 

 

 

Utah

H 148

Artificial Pornographic Images Amendments

Enacted

Amends provisions in Title 76, Chapter 5b, Sexual Exploitation Act; clarifies that certain prohibited materials includes computer-generated videos.

Utah

H 238

Sexual Exploitation of a Minor Amendments

Enacted

Criminalizes certain conduct relating to child sexual abuse material; amends the definition of child sexual abuse material; provides a severability clause; makes technical and conforming changes.

Utah

H 329

Artificial Intelligence in Political Advertising

Failed

Addresses AI and political advertising.

Utah

S 66

Criminal Offense Amendments

Enacted

Amends the definition of counterfeit intimate image to include generated depictions.

Utah

S 131

Information Technology Act Amendments

Enacted

Relates to an audio or visual communication that, among other things, is intended to influence voting for or against a candidate or ballot proposition in an election or primary in the state; provides that an audio communication that contains synthetic audio media shall include specified words audibly at the beginning and end of the communication; provides that a visual communication that contains synthetic media shall display specified words during each portion containing synthetic media.

Vermont

H 613

Sexually Explicit Depiction Disclosure

Failed – Adjourned

Relates to disclosure of a sexually explicit depiction without consent.

Vermont

H 710

Artificial Intelligence Systems

Failed – Adjourned

Relates to regulating developers and deployers of certain AI systems.

Vermont

H 863

Deepfake Technology

Failed – Adjourned

Relates to recommendations on the education and potential Harms of deepfake technology.

Virginia

H 250

Department of Criminal Justice Services

Vetoed

Relates to Department of Criminal Justice Services; relates to law-enforcement officers; relates to interrogation practices; provides that the Department of Criminal Justice Services shall have the power and duty to establish a comprehensive framework for the custodial and noncustodial interrogation of adults and juveniles by law enforcement officers within the commonwealth, which shall include developing policies and procedures for interrogation practices.

Virginia

H 697

Synthetic Media

Pending – Carryover

Relates to synthetic media; relates to penalty; expands the applicability of provisions related to defamation, slander and libel to include synthetic media, defined in the bill; makes it a Class 1 misdemeanor for any person to generate, create, or use or cause to be generated, created, or used any deceptive audio or visual media, defined in the bill, for the purpose of committing a criminal offense involving fraud; creates a rebuttable presumption that such deceptive audio or visual media was generated.

Virginia

H 1525

AI-Generated Image

Failed

Relates to unauthorized creation of image of another; relates to AI-generated image; relates to penalties; creates a Class 1 misdemeanor for any person who knowingly and intentionally creates any videographic or still image using AI of any nonconsenting person if that person is totally nude, performing sexual acts, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks or female breast and such.

Virginia

S 164

Virginia Consumer Protection Act

Pending – Carryover

Relates to specified state Consumer Protection Act; relates to prohibited practices; relates to AI disclosure; prohibits the dissemination or sale of an item created with AI technology that contains a videographic or still image intending to depict an actual person or an audio or audio-visual recording intending to depict the voice of an actual person where the creator has not disclosed the use of AI technology.

Virginia

S 571

Synthetic Media

Pending – Carryover

Relates to synthetic media; relates to penalty; expands the applicability of provisions related to defamation, slander and libel to include synthetic media, defined in the bill; makes it a Class 1 misdemeanor for any person to generate, create, or use or cause to be generated, created, or used any deceptive audio or visual media, defined in the bill, for the purpose of committing a criminal offense involving fraud.

Virginia

S 731

Child Pornography Financing

Enacted

Relates to production, publication, sale, financing of child pornography; relates to penalty; amends the definition of child pornography to include material that depicts a minor in a state of nudity or engaged in sexual conduct, as defined, where such depiction is obscene.

Virginia

SJR 14

Joint Commission on Technology and Science

Pending – Carryover

Relates to Joint Commission on Technology and Science; relates to study; relates to advancements in artificial intelligence; relates to report; directs the Joint Commission on Technology and Science to study advancements in artificial intelligence (AI), including assessing the impacts of deep fakes, data privacy implications, and misinformation; measures to ensure these technologies do not indirectly or directly lead to discrimination.

U.S. Virgin Islands

None

 

 

 

Washington

H 1999

Fabricated Intimate or Sexually Explicit Images

Enacted

Concerns fabricated intimate or sexually explicit images and depictions.

Washington

S 5838

Artificial Intelligence Task Force

Enacted

Establishes a task force to assess current uses and trends and make recommendations to the legislature regarding guidelines and legislation for the use of artificial intelligence systems; provides that task force findings and recommendations must include, among other things, a literature review of public policy issues with artificial intelligence, including benefits and risks to the public broadly and historically excluded communities, racial equity considerations, workforce impacts, and ethical concerns.

Washington

S 5962

Intimate or Sexually Explicit Images and Depictions

Failed – Adjourned

Concerns fabricated intimate or sexually explicit images and depictions.

Washington

S 6184

Pornographic Material Involving Minors

Failed – Adjourned

Concerns deepfake artificial intelligence-generated pornographic material involving minors.

West Virginia

H 4273

Criminal Code Revision

Failed – Adjourned

Relates to revising the criminal code generally.

West Virginia

H 4361

Impersonating Non Public Persons on Social Media

Failed – Adjourned

Provides for the crime of impersonating non public persons on social media.

West Virginia

H 4963

Artificial Intelligence to Attribute Remarks

Failed – Adjourned

Prohibits the use of deep fake technology to influence an election; provides that a person who disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty of a crime and may be sentenced in a specified manner if the person knows or reasonably should know that, among other things, the item being disseminated is a deep fake; provides for exemptions; provides for a cause of action for injunctive relief.

West Virginia

H 5516

Criminalizing the Use of Deep Fakes

Failed – Adjourned

Prohibits the use of deepfake images for the nonconsensual disclosure of private intimate images; prohibits the unlawful depiction of nude or partially nude minors or minors engaged in sexually explicit conduct; establishes such conduct as criminal offenses, subject to criminal penalties; defines deepfake.

West Virginia

S 720

Intimate Deep Fake Media Act

Failed – Adjourned

Relates to the Stop Nonconsensual Distribution of Intimate Deepfake Media Act.

West Virginia

S 740

Digital Manipulation of Sexually Explicit Content

Failed – Adjourned

Relates to the filming of minors engaged in sexually explicit conduct; creates a new criminal offense of manipulating a photograph, image, video clip, movie, or similar recording containing sexually explicit conduct by the insertion thereof of a visual image of an actual minor to create the appearance that it is a minor engaged in the sexually explicit conduct.

West Virginia

S 741

Child Pornography

Failed – Adjourned

Relates to establishing the criminal offenses of creating, producing, distributing, or possessing with intent to distribute AI-created visual depictions of child pornography when no actual minor is depicted.

Wisconsin

A 664

Artificial Intelligence Content Disclosure

Enacted

Concerns disclosures regarding content generated by AI in political advertisements; grants rule making authority; provides for a penalty.

Wisconsin

S 314

Possession of Child Pornography

Enacted

Relates to the possession of child pornography; provides for a penalty; relates to the child pornography surcharge; relates to the disposition of a child or unborn child of a child expectant mother adjudged in need of protection or services; provides for certain reporting requirements if a court imposes a sentence or places a person on probation for certain violations.

Wisconsin

S 644

Content Generated by Artificial Intelligence Disclosure

Failed

Concerns disclosures regarding content generated by AI in political advertisements; grants rule making authority; provides for a penalty.

Wyoming

S 51

Unlawful Dissemination of Misleading Synthetic Media

Failed

Relates to consumer protection; prohibits the dissemination of synthetic media as specified; provides definitions; provides remedies; provides penalties; provides for an effective date.

Wyoming

D 149

Misleading Synthetic Media

Pending

Relates to consumer protection; prohibits the dissemination of synthetic media as specified; provides definitions; provides remedies; provides penalties; provides for an effective date.

Wyoming

D 150

Misleading Synthetic Media

Pending

Relates to elections; prohibits the dissemination of synthetic media of a candidate for public office as specified; provides definitions; provides remedies; provides penalties; provides for an effective date.

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