AB 608

Under current law, it is generally a Class I felony to capture or distribute

representations depicting nudity without the consent of the person depicted. This

bill expands the prohibition to include what are known as “deep fakes.” The bill

provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic

intimate representation (commonly known as a “deep fake”) of an identifiable person

with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic

intimate representation is defined as a representation generated using technological

means that uses an identifiable person's face, likeness, or other distinguishing

characteristic to depict an intimate representation of that person, regardless of

whether the representation includes components that are artificial, legally

generated, or generally accessible.

Under current law, it is a Class A misdemeanor to publish or post a private

representation, which is a sexually explicit representation intended to be possessed

or viewed only by the persons with whom it was directly shared, without consent of

the person depicted. This bill provides that it is also a Class A misdemeanor to

reproduce such representations.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.