SF1394 Summary

• Establishes a civil cause of action for nonconsensual dissemination of deep fake sexual images, allowing courts to award general and special damages, profits made from dissemination, civil penalties up to $10,000, and attorney fees.

• Creates a criminal offense for using deep fake technology to influence an election within 90 days before the election without the depicted individual's consent, with penalties ranging from $1,000 to $10,000 fines and up to 5 years imprisonment depending on circumstances.

• Establishes a criminal offense for intentionally disseminating deep fake sexual images without consent, classified as a gross misdemeanor with enhanced penalties up to 3 years imprisonment and $5,000 fines when aggravating factors are present.

• Includes broad exemptions for lawful criminal investigations, reporting unlawful conduct, medical treatment, commercial artistic products, public interest matters, scientific research, legal proceedings, and political or newsworthy content.

• All provisions effective August 1, 2023, with protections for plaintiff privacy through confidential filings and immunity provisions for interactive computer services, mobile providers, and telecommunications networks consistent with federal law.