SLS 23RS-373 ORIGINAL
2023 Regular Session
SENATE BILL NO. 175
BY SENATOR STINE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Criminalizes deepfakes involving minors and defines the rights
to digital image and likeness. (8/1/23)
1 AN ACT
2 To enact R.S. 14:91.5.1 and 91.5.2, relative to offenses affecting the health and morals of
3 minors; to create the crime of unlawful deepfakes involving minors; to create the
4 crime of unlawful use of a digital image and likeness; to provide for definitions; to
5 provide penalties; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:91.5.1 and 91.5.2 are hereby enacted to read as follows:
8 §91.5.1. Unlawful deep fakes involving minors
9 A. Any person who knowingly creates, distributes, or possesses any
10 sexually explicit material depicting a minor using deepfake technology shall be
11 punished by imprisonment at hard labor for not less than five nor more than
12 twenty years, or a fine of not more than ten thousand dollars, or both.
13 B. Any person who knowingly promotes, advertises, or sells any sexually
14 explicit material depicting a minor using deepfake technology shall be punished
15 by imprisonment at hard labor for not less than ten nor more than fifty years,
16 a fine of not more than fifty thousand dollars, or both.
17 C. For purposes of this Section:
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 175
SLS 23RS-373 ORIGINAL
1 (1) "Digital image and likeness" means any digital or electronic
2 representation of an individual's face, voice, signature, or other identifiable
3 characteristic, whether created through artificial intelligence or other
4 technological means.
5 (2) "Deepfake technology" means any technology that uses artificial
6 intelligence or machine learning algorithms to manipulate digital images and
7 likeness in a manner that can be used to create a false or misleading
8 representation of an individual.
9 (3) "Minor" means a person under the age of eighteen years.
10 §91.5.2. Unlawful use of a digital image and likeness
11 A. Every individual has a right to their digital image and likeness, which
12 includes the exclusive right to control the use and dissemination of their digital
13 image and likeness. No person shall use the digital image and likeness of another
14 individual for any commercial or non-commercial purpose without obtaining
15 the express written consent of the individual.
16 B. Any person who uses the digital image and likeness of another
17 individual without their express written consent shall be punished by a fine of
18 not more than five thousand dollars for each violation.
19 C. For purposes of this Section, "digital image and likeness" means any
20 digital or electronic representation of an individual's face, voice, signature, or
21 other identifiable characteristic, whether created through artificial intelligence
22 or other technological means.
23 Section 2. If any provision or item of this Act, or the application thereof, is held
24 invalid, such invalidity shall not affect other provisions, items, or applications of the Act
25 which can be given effect without the invalid provision, item, or application and to this end
26 the provisions of this Act are hereby declared severable.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 175
SLS 23RS-373 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 175 Original 2023 Regular Session Stine
Proposed law creates the crime of "unlawful deepfakes involving minors", which is the
creation, distribution or possession of any sexually explicit material depicting a minor using
deepfake technology, and will be penalized by imprisonment at hard labor for less than five
and not more than 20 years, a fine of not more than $10,000, or both.
Proposed law further provides that "unlawful deepfakes involving minors" is the promotion,
advertisement or sale of any sexually explicit material depicting a minor using Deepfake
technology and will be penalized by imprisonment at hard labor for not less than 10 and not
more than 50 years, a fine of $50,000, or both.
Proposed law creates the crime of "unlawful use of a digital image and likeness", which is
the use of the digital image and likeness of another individual for any commercial or non-
commercial purpose without obtaining the express written consent of the individual and is
to be punished by a fine of not more than $5,000 for each violation.
Proposed law defines "digital image and likeness", "deepfake technology", and "minor".
Proposed law provides for severability in the event one or more provisions of present law
are found to be unconstitutional.
Effective August 1, 2023.
(Adds R.S. 14:91.5.1 and 91.5.2)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.