Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SB175 Comm Sub / Analysis

                    RDCSB175 4274 3400
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 175 Engrossed 2023 Regular Session	Stine
Proposed law creates the crime of "unlawful deepfakes involving minors", which is the
creation or possession of any material that depicts a minor engaging in sexual conduct using
deepfake technology, and will be penalized by imprisonment at hard labor for not 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
advertisement, distribution, exhibit, exchange, promotion,  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 defines "deepfake", "distribute", "minor", and "sexual conduct".
Proposed law provides for severability in the event one or more provisions of proposed law
are found to be unconstitutional.
Effective August 1, 2023.
(Adds R.S. 14:91.5.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete proposed law relative to the crime of unlawful use of a digital image
and likeness
2. Redefine conduct criminalized in "unlawful deepfakes involving minors"
3. Add definitions for "distribute" and "sexual conduct" 
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Make technical changes.
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