SB 1156: RELATING TO DEEPFAKES.

A BILL FOR AN ACT

relating to deepfakes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§707-    Unlawful creation or distribution of a sexually explicit deepfake.  (1)  A person commits the offense of unlawful creation or distribution of a sexually explicit deepfake if the person knowingly and without the consent of the depicted individual creates, distributes to, exhibits to, or exchanges with others or offers to distribute to, exhibit to, or exchange with others a deepfake that depicts an individual nude or personally engaging in sexual conduct.

     (2)  Unlawful creation or distribution of a sexually explicit deepfake is a misdemeanor.

     (3)  No person shall be held liable under this section for any activity protected by the First Amendment to the United States Constitution.

     (4)  For the purposes of this section:

     "Deepfake" means any audio or visual media in an electronic format, including any motion picture film or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording.

     "Deepfake" does not include any material that constitutes a work of political, public interest, or newsworthy value, including commentary, criticism, satire, or parody, or that includes content, context, or a clear disclosure visible throughout the duration of the recording that would cause a reasonable person to understand that the audio or visual media is not a record of a real event.

     "Distribute" means to publish, make available, or distribute to the public.

     "Distribute" does not include any alteration of a deepfake, including altering the length of the recording, so long as the alteration does not knowingly remove any content, context, or clear disclosure visible throughout the duration of the recording that would cause a reasonable person to believe that the audio or visual media is not a record of a real event.

     "Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviant sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Deepfakes; Creation; Distribution; Prohibition; Sexual Offenses

Description:

Establishes the crime of unlawful creation or distribution of a sexually explicit deepfake.

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