California Bill Aims to Criminalize AI-Generated Nonconsensual Pornography

Jul 26, 2023

The expansion of artificial intelligence (AI) is raising concerns over nonconsensual deepfake pornography being distributed across the internet. Earlier this year, the Associated Press (AP) issued a report noting that deepfake porn could be a “growing problem” amid the AI race.

In response to the issue which largely harms women, a California lawmaker is proposing legislation which would criminalize using artificial intelligence to create pornography that uses a person’s likeness without his or her consent.

California Assemblymember Tri Ta Introduces Deepfake Porn Legislation

In February, Tri Ta – a Republican Assemblymember representing Westminster, California – introduced a bill which would criminalize nonconsensual deepfake pornography and impose penalties for offenders.

If found guilty of distributing deepfake pornography without consent, the bill would mandate:

• A fine of up to $1,000
• A sentence of up to a year in jail

Additionally, the bill states that it would be a crime for:

“… a person to knowingly, and without the consent of the depicted individual, distribute to, exhibit to, or exchange with others, or offer to distribute to, exhibit to, or exchange with others audio or visual media that falsely depicts an individual engaging in sexual conduct that would appear to a reasonable observer to be an authentic record of the conduct.”

“By creating a new crime, this bill would impose a state-mandated local program,” a legislative council’s digest of the bill states, according to a Fox News report.

Ta told the Orange County Register that the newly proposed legislation would help people “protect their lives” from the damage that can be done through nonconsensual deepfake pornography as AI technology continues to expand.

“As with any new innovative technology, artificial intelligence can improve people’s lives,” Ta said.

“However, AI can be, and has been, weaponized to inflict harm,” he added.

California Bill Would Specifically Target Deepfake Pornography

The bill proposed by Ta focuses on deepfake images and videos, which can include digitally-altered content that is sexually explicit in nature.

Ta also noted to the O.C. Register that the bill would offer support to victims of nonconsensual deepfake pornography who do not have the means to file claims in civil court.

Ta also said that his office had received several complaints in early 2023 related to sexually explicit AI images and videos that had been distributed online without consent.

Under existing California law, it is a crime to:

“…distribute intimate images of another person, as specified, that were intended to remain private, and that results in the serious emotional distress of the person depicted.“

But Assemblymember Ta indicated that the laws need to be updated to keep pace with rapidly developing AI technology.

“We must protect Californians and update our laws to keep up with this fast emerging technology,” he said.

What are Pornographic Deepfakes?

Deepfake images and videos are those which have been created or altered by either artificial intelligence or machine learning.

“Porn created using the technology first began spreading across the internet several years ago when a Reddit user shared clips that placed the faces of female celebrities on the shoulders of porn actors,” the Associated Press reported in April.

According to the AP, the following deepfake porn statistics have been confirmed:

• Deepfake creators often disseminate videos and images targeting online influencers, journalists, and other high-profile individuals.
• Thousands of deepfake AI-generated videos and images already exist across numerous websites.
• Some websites currently allow malicious users the opportunity to create their own images and videos which can subject anyone with an online picture into “sexual fantasies” without their consent.
• This type of deepfake technology is often used to harm former partners (also known as revenge porn).

As AI technology advances, experts warn that more sophisticated and compelling deepfakes will be found across the internet.

Can You Sue for Deepfake or Revenge Porn Damages?

California outlawed the sharing or distribution of sexually explicit images or videos without a person’s consent in 2013. And if you have been the victim of deepfake or revenge porn, you may be eligible to secure financial compensation by filing a civil lawsuit with Dordulian Law Group (DLG).

DLG’s Los Angeles deepfake and revenge porn attorneys are led by former sex crimes prosecutor Sam Dordulian. Dordulian appeared on the Dr. Phil Show last year to discuss the issue of revenge porn and offer survivors information on how to obtain justice against perpetrators.

By filing a civil claim, you may be able to secure a cash settlement which includes a number of damages:

If you experienced a sexual assault incident, don’t wait to file a claim. Contact our expert attorneys online or by phone for a free consultation today.

• Emotional trauma
• Lost wages or reduced earning capacity
• Counseling or therapy expenses
• Pain and suffering
• Prescription drug costs
• Medical care costs
• Punitive damages

For a free and confidential consultation regarding your deepfake or revenge porn case, contact us today at 866-GO-SEE-SAM. We’re available 24/7 to answer any questions you have and provide you with all available legal options for securing the justice and maximum financial compensation you are entitled to after this type of crime.