Committee narrows deep-fake obscenity bill, removes some defenses and expands scope to adults

The House Judiciary Committee amended House Bill 1351, a bill addressing deep-fake sexually explicit material, to remove some affirmative defenses and to broaden the scope of section 1 from “minor” to “individual.” The committee then approved the bill as amended and advanced it with a unanimous vote among members present.

Representative Satrim, the bill’s sponsor, explained portions of the bill address deep-fake sexually explicit imagery that superimposes a person’s likeness onto explicit content. Committee members debated whether affirmative defenses — for example defenses for material used for bona fide medical, scientific, educational, religious or governmental purposes — should remain in law. An initial motion to remove a narrow portion of the affirmative-defense language failed, but a later motion to strike the full affirmative-defense subsection (page 1 lines 21–23; page 2 lines 1–5) carried 7–4 after a motion to reconsider was adopted. Committee members cited concerns that affirmative defenses could be used to shield malicious conduct; others raised examples — libraries, medical records, clergy, psychologists — where defenses for legitimate uses could be necessary.

Representative Satrim then moved to replace the word “minor” with “individual” in section 1 so the section would cover adults as well as children. That amendment passed on a roll call vote of 11–0 (three absent). The committee approved the bill as amended by a final roll call vote of 11–0 with three members absent. The bill includes a class A misdemeanor penalty in section 1 and provides for civil damages and exemplary (punitive) damages.

Votes at a glance: Motion to remove whole affirmative-defense subsection — passed 7–4 after reconsideration; Motion to change 'minor' to 'individual' — passed 11–0; Final do pass as amended — passed 11–0 (3 absent).