OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 401 Bill Analysis
135th General Assembly
Click here for H.B. 401’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. K. Miller and Demetriou
Effective date:
Shalanda R. Plowden, Research Analyst
SUMMARY
 Creates the offense of nonconsensual distribution of a deepfake.
 Specifies that nonconsensual distribution of a deepfake is a first degree misdemeanor
on a first offense and a fifth degree felony on each subsequent offense.
DETAILED ANALYSIS
Nonconsensual distribution of a deepfake
The bill prohibits a person from knowingly distributing a deepfake, creating a deepfake
with intent to distribute, or soliciting the creation of a deepfake with intent to distribute,
without the depicted individual’s consent, in order to harass, extort, threaten, or cause
physical, emotional, reputational, or economic harm to the individual falsely depicted.1 The
penalty for nonconsensual distribution of a deepfake is a first degree misdemeanor on a first
offense and a fifth degree felony for each subsequent offense.2
Definition
“Deepfake” means an image or recording that has been convincingly altered and
manipulated to misrepresent a person as performing an action or making a statement that
person did not, in fact, perform or make.3
1 R.C. 2913.321(B).
2 R.C. 2913.321(C).
3 R.C. 2913.321(A).
May 3, 2024
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 02-06-24
ANHB0401IN-135/ts
P a g e |2 H.B. 401
As Introduced