This bill amends Section 30-37A-1 NMSA 1978 to expand the definition of the crime of unauthorized distribution of sensitive images to include sensitive deepfake images. It introduces the crime of threatening to distribute sensitive images, which encompasses both sensitive images and sensitive deepfake images, and establishes penalties for such actions. The bill also defines "sensitive deepfake image" and outlines the criteria for what constitutes such an image. Additionally, it clarifies that unauthorized distribution of sensitive images is a misdemeanor, escalating to a fourth-degree felony upon subsequent convictions, while threatening to distribute these images is classified as a petty misdemeanor, with increased penalties for repeat offenders.

Furthermore, the bill enacts a new section in Chapter 41 NMSA 1978, allowing individuals to pursue civil actions for libel, slander, or invasion of privacy based on the publication of sensitive deepfake images. It specifies that consent to create a sensitive deepfake image does not imply consent for its publication. Victims can recover various types of damages, including punitive damages and attorney fees, and the bill establishes a prima facie case for intentional infliction of emotional distress for victims of related crimes. Overall, the legislation aims to enhance protections against the unauthorized distribution and manipulation of sensitive images, particularly in the context of deepfakes.

Statutes affected:
introduced version: 30-37A-1