The bill amends Section 30-37A-1 of the New Mexico Statutes 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 them in a compromising manner, such as with uncovered genitals or engaging in 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, escalating to a fourth-degree felony upon subsequent convictions, while threatening to distribute is categorized as a petty misdemeanor.

Furthermore, the bill enacts a new section in Chapter 41 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. This comprehensive approach aims to enhance protections against the misuse of sensitive images and deepfake technology.

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