HB 4047 — Civil procedure: civil actions; cause of action for media that falsely depicts an individual engaging in sexual conduct; provide for. Creates new act.

HB-4047, As Passed Senate,House, AugustApril 13,24, 2025 SENATE SUBSTITUTE FOR HOUSE BILL NO.

(a) "Deep fake" means a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of such a recording, film, image, or photograph, that is not an original recording of an actual occurrence or an original photograph without substantial modification to which both of the TDR H00831'25 (S-3)_HB4047_APS_1(H-3)_HB4047_APH_1 ig8c1qkhv4i3 1 following apply:

(h) "Sexual contact" means the intentional touching of TDR H00831'25 (S-3)_HB4047_APS_1(H-3)_HB4047_APH_1 ig8c1qkhv4i3 1 intimate parts or intentional touching with seminal fluid onto another individual's body.

(i) From the deep fake itself, by the depicted individual or by TDR H00831'25 (S-3)_HB4047_APS_1(H-3)_HB4047_APH_1 ig8c1qkhv4i3 1 a reasonable individual viewing or listening to the deep fake.

TDR H00831'25 (S-3)_HB4047_APS_1(H-3)_HB4047_APH_1 ig8c1qkhv4i3 1 (b) The creation or dissemination was for the purpose of, or in connection with, the reporting of unlawful conduct.

The court may award the plaintiff a TDR H00831'25 (S-3)_HB4047_APS_1(H-3)_HB4047_APH_1 ig8c1qkhv4i3 1 civil fine for the violation of an order entered under this subsection of not more than $1,000.00 per day.

(d) A provider or developer of a technology used in the creation of a deep fake, if the technology is not designed for, marketed for, or deployed for the nonconsensual creation or dissemination of deep fakes that realistically depict the intimate parts of depicted individuals or depicted individuals engaging in sexual acts, and if the provider or developer has prohibited explicit deep fake content in accordance with the provider's or developer's terms of service.

TDR H00831'25 (S-3)_HB4047_APS_1 ig8c1q 1 (c) The depicted individual is identifiable in either of the following ways:

(2) Except as provided in subsection (3), an individual who violates subsection (1) is guilty of a misdemeanor punishable by TDR H00831'25 (H-3)_HB4047_APH_1 khv4i3 1 imprisonment for not more than 1 year, a fine of not more than $3,000.00, or both.

(4) It is not a defense to a prosecution under this section that the depicted individual consented to the creation or TDR H00831'25 (S-3)_HB4047_APS_1 ig8c1q 1 possession of the deep fake, or to the voluntary private or public transmission of the deep fake, unless both of the following apply:

TDR H00831'25 (H-3)_HB4047_APH_1 khv4i3 1 (5) This section does not apply if any of the following apply:

(b) A provider of public mobile services or private radio TDR H00831'25 (S-3)_HB4047_APS_1 ig8c1q 1 services.

(d) A provider or developer of a technology used in the creation of a deep fake, if the technology is not designed for, marketed for, or deployed for the nonconsensual creation or dissemination of deep fakes that realistically depict the intimate parts of depicted individuals or depicted individuals engaging in sexual acts, and if the provider or developer has prohibited explicit deep fake content in accordance with the provider's or developer's terms of service.

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