2023 Regular Session ENROLLED
SENATE BILL NO. 175
BY SENATOR STINE AND REPRESENTATIVE KNOX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To enact R.S. 14:73.13, relative to computer related crime; to create the crime of unlawful
3 deepfakes; to provide for definitions; to provide penalties; and to provide for related
4 matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:73.13 is hereby enacted to read as follows:
7 ยง73.13. Unlawful deepfakes
8 A. Any person who, with knowledge that the material is a deepfake
9 depicting a minor, knowingly creates or possesses material that depicts a minor
10 engaging in sexual conduct shall be punished by imprisonment at hard labor for
11 not less than five nor more than twenty years, or a fine of not more than ten
12 thousand dollars, or both. At least five years of the sentence of imprisonment
13 imposed shall be served without benefit of parole, probation or suspension of
14 sentence.
15 B.(1) Except as provided in Paragraph (2) of this Subsection, any person
16 who, with knowledge that the material is a deepfake that depicts another
17 person, without consent of the person depicted, engaging in sexual conduct,
18 knowingly advertises, distributes, exhibits, exchanges with, promotes, or sells
19 any sexual material shall be punished by imprisonment at hard labor for not
20 less than ten nor more than thirty years, a fine of not more than fifty thousand
21 dollars, or both.
22 (2) Any person who, with knowledge that the material is a deepfake
23 depicting a minor, knowingly advertises, distributes, exhibits, exchanges with,
24 promotes, or sells any sexual material that depicts a minor engaging in sexual
25 conduct shall be punished by imprisonment at hard labor for not less than ten
26 nor more than thirty years, a fine of not more than fifty thousand dollars, or
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words in boldface type and underscored are additions. SB NO. 175 ENROLLED
1 both. At least ten years of the sentence of imprisonment imposed shall be served
2 without benefit of probation, parole, or suspension of sentence.
3 C. For the purposes of this Section:
4 (1) "Deepfake" means any audio or visual media in an electronic format,
5 including any motion picture film or video recording, that is created, altered,
6 or digitally manipulated in a manner that would falsely appear to a reasonable
7 observer to be an authentic record of the actual speech or conduct of the
8 individual or replace an individual's likeness with another individual and
9 depicted in the recording. "Deepfake" does not include any material that
10 constitutes a work of political, public interest, or newsworthy value, including
11 commentary, criticism, satire, or parody, or that includes content, context, or
12 a clear disclosure visible throughout the duration of the recording that would
13 cause a reasonable person to understand that the audio or visual media is not
14 a record of a real event.
15 (2) "Distribute" means to publish or make available to another person
16 but does not include any alteration of a recording, including altering the length
17 of the recording, so long as such alteration does not knowingly remove any
18 content, context, or clear disclosure visible throughout the duration of the
19 recording that would cause a reasonable person to believe that the audio or
20 visual media is not a record of a real event.
21 (3) "Minor" means a person under the age of eighteen years.
22 (4) "Sexual conduct" means any of the following, whether actual or
23 simulated: sexual intercourse, oral copulation, anal intercourse, anal oral
24 copulation, masturbation, bestiality, sexual sadism, sexual masochism,
25 penetration of the vagina or rectum by any object in a lewd or lascivious
26 manner, exhibition of the genitals or pubic or rectal area for the purpose of
27 sexual stimulation of the viewer, or excretory functions performed in a lewd or
28 lascivious manner, whether or not any of the conduct is performed alone or
29 between members of the same or opposite sex or between humans and animals.
30 An act is simulated when it gives the appearance of being actual sexual conduct.
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1 Section 2. If any provision or item of this Act, or the application thereof, is held
2 invalid, such invalidity shall not affect other provisions, items, or applications of the Act
3 which can be given effect without the invalid provision, item, or application and to this end
4 the provisions of this Act are hereby declared severable.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.