The 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 defines "sensitive deepfake image" as a digitally manipulated depiction of a person that shows uncovered genitals or intimate acts. Additionally, the bill creates a new crime of threatening to distribute sensitive images, which includes making malicious threats to share such images with the intent to harass or intimidate the individual. Penalties for these offenses are established, with unauthorized distribution classified as a misdemeanor and threatening to distribute as a petty misdemeanor, escalating to a misdemeanor upon subsequent offenses.

Furthermore, the bill enacts a new section in Chapter 41 NMSA 1978 that allows 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 damages, including punitive damages and attorney fees, and the bill also facilitates claims for intentional infliction of emotional distress related to crimes of invasion of privacy or digital exploitation of children.

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