The bill SB1336 aims to make the intentional dissemination of nonconsensual deepfake recordings or images unlawful, classifying the offense as either a class 6 or class 4 felony, depending on certain conditions. Deepfake recordings or images are defined as realistic representations of speech or conduct created using technical means, which depict an individual who did not actually engage in the depicted speech or conduct. The bill specifies that it is unlawful to disseminate such content if the creator knows or should know that the depicted individual does not consent, and if the content realistically depicts intimate parts or a sexual act involving the depicted individual who is identifiable.

The bill outlines that a violation is a class 6 felony by default but escalates to a class 4 felony if the depicted individual suffers financial loss due to intentional dissemination, if the disseminator intends to profit or harass, maintains a platform for dissemination, posts the content online, or has prior convictions for similar offenses. Additionally, the bill exempts interactive computer services from liability for content created or developed by others. Definitions for terms such as "deepfake recording or image," "depicted individual," "dissemination," "harass," "intimate parts," "personal information," "sexual act," "social media," and "synthetic media" are provided to clarify the scope of the law.

Statutes affected:
Introduced Version: 13-3508
Senate Engrossed Version: 13-3508
House Engrossed Version: 13-3508