SB1336

THE CONTEXT: It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all the following apply: 1) the person in the image is depicted in a state of nudity or is engaged in specific sexual activities; 2) the depicted person has a reasonable expectation of privacy; and 3) the image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person. A violation of this section is a class 5 felony, except that it is a class 4 felony if the image is disclosed by electroni...

WHAT THE BILL DID: The final vetoed version would create the criminal offense of disseminating a deep fake recording or image, which involves a person intentionally distributing a deep fake recording or image in which all the following apply: a) the person that intentionally creates and disseminates the deep fake recording or image knows or reasonably should know that the depicted individual does not consent to the dissemination; b) the deep fake recording or image realistically depicts intimate parts of another individual or intimate parts that are generated by synthetic media that are presented as the intimate parts of the depicted individual or depicts the individual engaging in a sexual act; c) the depicted individual is identifiable by either the deep fake recording or image, the depicted individual or the personal information that is displayed in connection with the deep fake recording or image, classifies disseminating a deep fake recording or image as a class 6 felony, and classifies disseminating a deep fake recording or image as a class 4 felony if any of the following apply: a) the depicted person suffers any financial loss due to the intentional dissemination of the deep fake recording or image; b) the person disseminates the deep fake recording or image with the intent to profit from it; c) the person maintains an internet website, online service, online application or mobile application to disseminate the deep fake recording or image; d) the person posts the deep fake recording or image on an internet website; e) the person disseminates the deep fake recording or image with intent to harass the depicted person; f) the person obtains the deep fake recording or image by committing a theft, a criminal trespass, computer tampering or unauthorized computer access; or g) the person has previously been convicted of a violation of this section.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would create the criminal offense of disseminating a deep fake recording or image, which involves a person intentionally distributing a deep fake recording or image in which all the following apply: a) the person that intentionally creates and disseminates the deep fake recording or image knows or reasonably should know that the depicted individual does not consent to the dissemination; b) the deep fake recording or image realistically depicts intimate parts of another individual or intimate parts that are generated by synthetic media that are presented as the intimate parts of the depicted individual or depicts the individual engaging in a sexual act; c) the depicted individual is identifiable by either the deep fake recording or image, the depicted individual or the personal information that is displayed in connection with the deep fake recording or image, and would also classifies disseminating a deep fake recording or image as a class 6 felony, rather than leave the current rule unchanged.