Stricken language would be deleted from and underlined language would be added to present law.
Act 827 of the Regular Session
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State of Arkansas As Engrossed: H3/19/25 H4/7/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1529 3
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By: Representatives S. Meeks, Achor, Barnes, Barnett, Beaty Jr., Beck, Bentley, Breaux, Brooks, K. 5
Brown, M. Brown, R. Burkes, Crawford, Eaves, Eubanks, Furman, Gramlich, Hollowell, Ladyman, 6
Lundstrum, Lynch, Maddox, J. Mayberry, McAlindon, McGrew, McGruder, B. McKenzie, Milligan, J. 7
Moore, Nazarenko, Painter, Pearce, Pilkington, Richmond, Rose, Rye, M. Shepherd, Underwood, Vaught 8
By: Senator C. Penzo 9
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For An Act To Be Entitled 11
AN ACT CONCERNING DEEPFAKE VISUAL MATERIAL OF A 12
SEXUAL NATURE; TO CREATE THE CRIMINAL OFFENSE OF 13
UNLAWFUL CREATION AND DISTRIBUTION OF DEEPFAKE VISUAL 14
MATERIAL; TO ESTABLISH A CAUSE OF ACTION FOR UNLAWFUL 15
CREATION OF DEEPFAKE VISUAL MATERIAL; AND FOR OTHER 16
PURPOSES. 17
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Subtitle 20
TO CREATE THE CRIMINAL OFFENSE OF 21
UNLAWFUL CREATION OR DISTRIBUTION OF 22
DEEPFAKE VISUAL MATERIAL; AND TO 23
ESTABLISH A CAUSE OF ACTION FOR UNLAWFUL 24
CREATION OF DEEPFAKE VISUAL MATERIAL. 25
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
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SECTION 1. Arkansas Code Title 5, Chapter 14, Subchapter 1, is amended 29
to add an additional section to read as follows: 30
5-14-139. Unlawful creation or distribution of deepfake visual 31
material. 32
(a) As used in this section: 33
(1) "Deepfake visual material" means a photograph, image, video, 34
or other visual depiction that: 35
(A) Appears to an ordinary person to be an authentic 36 As Engrossed: H3/19/25 H4/7/25 HB1529
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depiction of an identifiable person; and 1
(B) Is generated, modified, or adapted using technology to 2
falsely depict a person's appearance, voice, or conduct; and 3
(2) "Identifiable" means recognizable as a specific person by 4
the person's face, likeness, or other distinguishing characteristics. 5
(b) A person commits the offense of unlawful creation or distribution 6
of deepfake visual material if he or she, without consent of the person 7
depicted, knowingly creates or distributes deepfake visual material that 8
depicts another identifiable person: 9
(1) In a state of nudity such that an ordinary person viewing 10
the deepfake visual material would conclude that the depiction is of the 11
identifiable person in a state of nudity; or 12
(2) Engaging in sexual contact, sexual intercourse, deviate 13
sexual activity, or sexually explicit conduct such that an ordinary person 14
viewing the deepfake visual material would conclude that the depiction is of 15
the identifiable person engaging in sexual contact, sexual intercourse, 16
deviate sexual activity, or sexually explicit conduct. 17
(c) Unlawful creation or distribution of deepfake visual material is: 18
(1) For a first offense, a Class A misdemeanor; and 19
(2) For a second or subsequent offense, a Class D felony. 20
(d) This section does not apply to a provider of, or affiliates of a 21
provider of, a telecommunication service, information service, or cable 22
service, as defined in 47 U.S.C. § 153, for content provided by another 23
person. 24
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SECTION 2. Arkansas Code Title 16, Chapter 118, is amended to add an 26
additional section to read as follows: 27
16-118-119. Civil action for unlawful creation of deepfake visual 28
material. 29
(a) The Attorney General may institute a civil action on behalf of the 30
state against a provider or developer of image generation technology that was 31
used to create deepfake visual material in violation of § 5 -14-139 if: 32
(1) The deepfake visual material that was created in violation 33
of § 5-14-139 was generated substantially or in its entirety by a prompt -34
based image generation technology; and 35
(2) The provider or developer of the image generation technology 36 As Engrossed: H3/19/25 H4/7/25 HB1529
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did not have reasonable safeguards in place to protect against the generation 1
of deepfake visual material. 2
(b)(1) A person injured or damaged by reason of a violation of § 5 -14-3
139 may bring a civil action against a person or entity that: 4
(A) Is the provider or developer of the image generation 5
technology that was used to create the deepfake visual material; or 6
(B) Caused or was responsible for the creation of deepfake 7
visual material in violation of § 5 -14-139. 8
(2) The court may award actual damages, compensatory damages, 9
punitive damages, injunctive relief, or any other appropriate relief. 10
(3) A prevailing plaintiff shall be awarded reasonable 11
attorney's fees and costs. 12
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/s/S. Meeks 14
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APPROVED: 4/17/25 17
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