HASBSB175 BELLM 2858
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 175 2023 Regular Session Stine
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CRIME/PUNISHMENT. Criminalizes deepfakes and provides for penalties. (8/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Change penalty for offense when person depicted is an minor.
2. Provide for penalty when the offense depicts a person as an adult.
3. Clarify definition of "deepfake".
4. Make technical amendments.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 175 Engrossed 2023 Regular Session Stine
Proposed law creates the crime of "unlawful deepfakes", which is the creation or possession
of any material that depicts a person engaging in sexual conduct using deepfake technology,
and has a penalty of imprisonment at hard labor for not less than two and not more than 10
years, or a fine of $500, or both.
Proposed law provides that when the conduct depicts a minor, the defendant will be
penalized by imprisonment at hard labor for not less than five and not more than 20 years,
and at least five years will be served without benefit of probation, parole or suspension of
sentence, or a fine of not more than $10,000, or both.
Proposed law further provides that "unlawful deepfakes" is the advertisement, distribution,
exhibit, exchange, promotion, or sale of any sexually explicit material depicting a person
using deepfake technology and has a penalty of imprisonment at hard labor for not less than
10 and not more than 30 years, a fine of $50,000, or both. Proposed law further provides that
when the conduct depicts a minor, the defendant must serve at least 10 years of the sentence
imposed without benefit of probation, parole, or suspension of sentence.
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. 14:73.13)
______________________
Whitney Kauffeld
Staff Attorney