This 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 include misdemeanor charges for unauthorized distribution and petty misdemeanors for threats, escalating to more severe penalties upon subsequent convictions.

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 damages, including monetary gains made by the defendant from the image, punitive damages, and legal costs. The bill also establishes a prima facie case for intentional infliction of emotional distress for victims of related crimes, allowing them to seek similar forms of recovery.

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