(a) As used in this section:(1) “Deepfake visual material” means a photograph, image, video, or other visual depiction that:(A) Appears to an ordinary person to be an authentic depiction of an identifiable person; and(B) Is generated, modified, or adapted using technology to falsely depict a person's appearance, voice, or conduct; and(2) “Identifiable” means recognizable as a specific person by the person's face, likeness, or other distinguishing characteristics.
(1) “Deepfake visual material” means a photograph, image, video, or other visual depiction that:(A) Appears to an ordinary person to be an authentic depiction of an identifiable person; and(B) Is generated, modified, or adapted using technology to falsely depict a person's appearance, voice, or conduct; and
(A) Appears to an ordinary person to be an authentic depiction of an identifiable person; and
(B) Is generated, modified, or adapted using technology to falsely depict a person's appearance, voice, or conduct; and
(2) “Identifiable” means recognizable as a specific person by the person's face, likeness, or other distinguishing characteristics.
(b) A person commits the offense of unlawful creation or distribution of deepfake visual material if he or she, without consent of the person depicted, knowingly creates or distributes deepfake visual material that depicts another identifiable person:(1) In a state of nudity such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person in a state of nudity; or(2) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct.
(1) In a state of nudity such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person in a state of nudity; or
(2) Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct such that an ordinary person viewing the deepfake visual material would conclude that the depiction is of the identifiable person engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct.
(c) Unlawful creation or distribution of deepfake visual material is:(1) For a first offense, a Class A misdemeanor; and(2) For a second or subsequent offense, a Class D felony.
(1) For a first offense, a Class A misdemeanor; and
(2) For a second or subsequent offense, a Class D felony.
(d) This section does not apply to a provider of, or affiliates of a provider of, a telecommunication service, information service, or cable service, as defined in 47 U.S.C. § 153, for content provided by another person.