The proposed bill establishes the criminal offense of unlawful creation and distribution of deepfake visual material, specifically targeting content of a sexual nature. It defines "deepfake visual material" as any visual depiction that appears authentic but is generated or modified to falsely represent a person's appearance, voice, or conduct. The bill outlines that a person commits this offense if they create or distribute such material without the consent of the depicted individual, particularly if it shows the person in a state of nudity or engaging in sexual conduct. Penalties for violations include a Class A misdemeanor for a first offense and a Class D felony for subsequent offenses. Additionally, the bill clarifies that telecommunications service providers are not liable for content created by others.

Furthermore, the bill introduces a civil action provision allowing the Attorney General to sue providers or developers of image generation technology used to create unlawful deepfake material. This action can be taken if the technology was used without reasonable safeguards against such misuse. Individuals harmed by violations of the law can also file civil suits against responsible parties, with potential awards for damages and attorney's fees. The new sections added to the Arkansas Code include 5-14-139 for criminal offenses and 16-118-119 for civil actions related to deepfake visual material.