The bill, SB 175, aims to criminalize the creation and distribution of "unlawful deepfakes," specifically those depicting minors engaging in sexual conduct. It establishes penalties for individuals who knowingly create or possess such material, with imprisonment ranging from five to twenty years and fines up to $10,000. Additionally, the bill outlines harsher penalties for advertising, distributing, or selling deepfake material that depicts individuals without their consent, with sentences of ten to thirty years and fines up to $50,000. Notably, if the deepfake involves a minor, the offender must serve at least ten years without the possibility of parole, probation, or suspension of the sentence.
The proposed law includes several amendments that clarify definitions and penalties associated with deepfakes. It specifically defines terms such as "deepfake," "distribute," "minor," and "sexual conduct," and provides for severability in case any provisions are deemed unconstitutional. The bill rejects previous House amendments that would have altered penalties and definitions, instead reinforcing the penalties for offenses involving minors and clarifying the legal framework surrounding deepfakes. The law is set to take effect on August 1, 2023.