Lawmakers and advocates press for criminal and civil penalties on nonconsensual intimate deepfakes

Representatives Beierlein and Sertoglu (testifying in partnership) and witnesses from Public Citizen and RAINN described House Bills 4047 and 4048 as a bipartisan effort to create civil and criminal remedies for the nonconsensual creation and dissemination of intimate deepfakes.

Representative Beierlein told the committee that "the harm caused by intimate deepfakes is not a theoretical concern" and described the bills as allowing affected individuals to "seek civil justice" while creating misdemeanor and felony penalties for intentional distribution of intimate deepfakes. She said the bills focus on deepfakes that "realistically depict intimate parts or acts" and that the legislation aims to keep pace with advances in artificial intelligence.

Elana (Alana) Beller of Public Citizen testified in strong support and described the scope and evidentiary standards the bills require for civil actions: the accused must have acted with knowledge or reckless disregard that the depicted individual did not consent; the deepfake must "realistically depict intimate parts"; and the depicted person must be identifiable. Beller cited a 2019 Deeptrace Labs report that identified 14,678 deepfake videos that year and said the majority are pornographic and nonconsensual. She also told the committee that 96 percent of identified deepfakes in that report were pornographic and nonconsensual depictions of women.

Beller and Representative Sertoglu emphasized particular provisions included in the bills: (1) both civil and criminal liability, giving victims injunctive and economic relief and creating criminal deterrents; (2) a clear written-consent standard for defenses; and (3) making generic disclaimers an insufficient defense in intimate-deepfake cases. The bills set criminal penalties that the sponsors described to the committee: a misdemeanor for intentional dissemination under certain conditions with a maximum sentence of one year and a fine up to $3,000; and elevated felony penalties — described by the sponsors — where additional aggravating factors apply, with a maximum described penalty of up to three years and a fine not to exceed $5,000.

Zoe Brewer of RAINN, the national anti-sexual-violence organization, described personal and community harms from deepfakes, including emotional distress, impacts on schooling and work, and the use of AI in child exploitation reports. Brewer urged committee passage so victims would have civil and criminal recourse.

Committee members asked technical and implementation questions. Representative Schutte asked how courts or law enforcement would determine whether a recording is AI-generated; Beller said courts would decide using available forensic methods and that watermarking and other technical measures are under development. Representatives asked whether federal action (for example, the "Take It Down" federal effort) complements state legislation; sponsors said state-level tools would help local law enforcement while federal action proceeds.

No committee vote on the bills was recorded in the transcript; testimony was entered and several organizations filed support cards. Sponsors said they were open to technical drafting follow-up and further stakeholder collaboration before any final committee action.