Bill Text: HI SB1156 | 2025 | Regular Session | Introduced
Bill Title: Relating To Deepfakes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-07 - The committee on LBT deferred the measure. [SB1156 Detail]
Download: Hawaii-2025-SB1156-Introduced.html
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THE SENATE |
S.B. NO. |
1156 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to deepfakes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§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.
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INTRODUCED BY: |
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Report Title:
Deepfakes; Creation; Distribution; Prohibition; Sexual Offenses
Description:
Establishes the crime of unlawful creation or distribution of a sexually explicit deepfake.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
