North Carolina 2025-2026 Regular Session

North Carolina House Bill H375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 375
	3	+	H D
	4	+	HOUSE BILL DRH30161-LR-9A
	5	+
5	6
6	7
7	8		Short Title: AI/Ban Deceptive Ads. (Public)
8		-	Sponsors: Representatives Warren, Davis, Schietzelt, and Blust (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Commerce and Economic Development, if favorable, Election Law, if favorable,
11		-	Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
12		-	March 13, 2025
13		-	H375 -v-1
	9	+	Sponsors: Representative Warren.
	10	+	Referred to:
	11	+
	12	+	DRH30161 -LR-9A
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO REGULATE THE USE OF DEEPFAKES AND DECEPTIVE 2
16	15		ADVERTISEMENTS IN ELECTIONS AND PROTECT MINORS AND THE GENERAL 3
17	16		PUBLIC FROM MISUSE OF ARTIFICIAL INTELLIGENCE AND SYNTHETIC MEDIA. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		SECTION 1. The General Statutes are amended by adding a new Chapter to read: 6
20	19		"Chapter 170. 7
21	20		"Artificial Intelligence and Synthetic Media. 8
22	21		"Article 1. 9
23	22		"Political Campaigns. 10
24	23		"§ 170-1. Title; definitions. 11
25	24		(a) This Chapter shall be known and may be cited as the "Artificial Intelligence and 12
26	25		Synthetic Media Act." 13
27	26		(b) The following definitions apply in this Chapter: 14
28	27		(1) Artificial intelligence or AI. – A machine-based system that can, for a given 15
29	28		set of human-defined objectives, make predictions, recommendations, or 16
30	29		decisions influencing real or virtual environments. 17
31	30		(2) Creator. – A person that uses artificial intelligence to generate synthetic 18
32	31		media. The term does not include a person that solely provides the technology 19
33	32		used in the creation of the synthetic media. 20
34	33		(3) Deceptive and fraudulent deepfake. – Synthetic media that depicts a candidate 21
35	34		or political party with the intent to injure the reputation of the candidate or 22
36	35		political party or otherwise deceive a voter and that either: 23
37	36		a. Appears to a reasonable person to depict a real individual saying or 24
38	37		doing something that did not actually occur in reality; or 25
39	38		b. Provides to a reasonable person a fundamentally different 26
40	39		understanding or impression of the appearance, action, or speech in an 27
41	40		image, audio recording, or video recording than a reasonable person 28
42	41		would have from an unaltered, original version of the image, audio 29
43	42		recording, or video recording. 30
44	43		(4) Deepfake. – A video, audio, or any other media of a person in which the 31
45	44		person's face, body, or voice has been digitally altered so that the person 32
46		-	appears to be someone else, the person appears to be saying something that 33 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 375-First Edition
48		-	the person has never said, or the person appears to be doing something that 1
49		-	the person has never done. 2
50		-	(5) Digital content provenance. – Purely factual information that details a digital 3
51		-	resource's creator, origin, context, history, and editing process; and conforms 4
52		-	to an open industry technical standard. 5
53		-	(6) Digital impersonation. – Synthetic media, typically video or audio, that: 6
54		-	a. Has been digitally manipulated to convincingly replace one person's 7
55		-	likeness or voice with that of another using deep generative methods 8
56		-	and artificial intelligence techniques, or for which one person's 9
57		-	likeness or voice has otherwise been simulated using deep generative 10
58		-	methods and artificial intelligence techniques; 11
59		-	b. Was created with the intention to deceive or lead reasonable listeners 12
60		-	or viewers into believing that the content is authentic; 13
61		-	c. Reasonable viewers or listeners would believe actually represents the 14
62		-	person's voice or likeness; 15
63		-	d. Would cause reasonable viewers or listeners to conclude that the 16
64		-	recording or image is a true and accurate depiction of something the 17
65		-	person said or did; 18
66		-	e. Is not commentary, parody, satire, criticism, or artistic expression; and 19
67		-	f. Was not created by the person or with the person's consent. 20
68		-	(7) Digitization. – Creating or altering an image of a person in a realistic manner 21
69		-	utilizing images of another person or computer-generated images, regardless 22
70		-	of whether the creation or alteration is accomplished manually or through an 23
71		-	automated process. The term includes, but is not limited to, creation or 24
72		-	alteration of an image with the use of artificial intelligence. 25
73		-	(8) Fabricated intimate image. – Any photograph, motion picture film, videotape, 26
74		-	digital image, or any other recording or transmission of another person who is 27
75		-	identifiable from the image itself or from information displayed with or 28
76		-	otherwise connected to the image, and that was created or altered by 29
77		-	digitization to depict: 30
78		-	a. Computer-generated intimate body parts or the intimate body parts of 31
79		-	another person as the intimate body parts of the depicted person, 32
80		-	whether nude or visible through less than opaque clothing and 33
81		-	including the genitals, pubic area, anus, or postpubescent female 34
82		-	nipple; or 35
83		-	b. The depicted person engaging in sexual conduct in which the depicted 36
84		-	person did not actually engage. 37
85		-	(9) Generative artificial intelligence or Gen AI. – Artificial intelligence that: 38
86		-	a. Is trained on data; 39
87		-	b. Interacts with a person using text, audio, or visual communication; and 40
88		-	c. Generates non-scripted outputs similar to outputs created by a human, 41
89		-	with limited or no human oversight. 42
90		-	(10) Generated child pornography. – Any image that has been created, altered, 43
91		-	adapted, or modified by electronic, mechanical, or other computer-generated 44
92		-	means to portray a fictitious person, who a reasonable person would regard as 45
93		-	being a minor, engaged in sexual conduct. 46
94		-	(11) Information content provider. – A person or entity that is responsible, in whole 47
95		-	or in part, for the creation or development of information provided through 48
96		-	the Internet or any other interactive computer service. 49
97		-	(12) Materially deceptive media. – Synthetic audio or visual media that: 50 General Assembly Of North Carolina Session 2025
98		-	House Bill 375-First Edition Page 3
99		-	a. Exhibits a high level of authenticity or convincing appearance that is 1
100		-	visually or audibly indistinguishable from reality to a reasonable 2
101		-	person; 3
102		-	b. Depicts a scenario that did not actually occur; or that has been altered 4
103		-	in a significant way from how they actually occurred such that it 5
104		-	significantly changes how a reasonable person would understand the 6
105		-	original content; 7
106		-	c. Is likely or meant to harm reputation or mislead voters; and 8
107		-	d. Is created by generative artificial intelligence or with software, 9
108		-	machine learning, or any other computer-generated or technological 10
109		-	means, including adapting, modifying, manipulating, or altering a 11
110		-	realistic depiction. 12
111		-	(13) Regulated occupation. – Any occupation that is subject to licensing or 13
112		-	certification by a state occupational licensing board or commission. 14
113		-	(14) Sexual conduct. – As defined in G.S. 14-190.5A. The term includes "sexual 15
114		-	activity" as defined by G.S. 14-190.13. 16
115		-	(15) Sponsor. – A person that pays for the content that uses artificial intelligence 17
116		-	to generate synthetic media. 18
117		-	(16) Synthetic audio media. – Audio content that was substantially produced by 19
118		-	generative artificial intelligence. 20
119		-	(17) Synthetic media. – An image, audio recording, or video recording of an 21
120		-	individual's appearance, speech, or conduct that has been created or 22
121		-	intentionally manipulated with the use of digital technology in a manner to 23
122		-	create a realistic but false image, audio, or video. 24
123		-	(18) Synthetic visual media. – An image or video that was substantially produced 25
124		-	by generative artificial intelligence. 26
125		-	"§ 170-2. Use of synthetic media in political campaigns. 27
126		-	(a) Within 90 days before an election at which a candidate for elected office will appear 28
127		-	on the ballot, a person who acts as a creator shall not sponsor or create and distribute a synthetic 29
128		-	media message that the person knows is a deceptive and fraudulent deepfake of that candidate or 30
129		-	of a political party that is on that ballot unless the synthetic media message includes a clear and 31
130		-	conspicuous disclosure that meets the following criteria: 32
131		-	(1) An audio communication that contains synthetic audio media shall include 33
132		-	audibly at the beginning and end of the communication the words, "Contains 34
133		-	content generated by AI." If the audio content is greater than two minutes in 35
134		-	length, the words shall be interspersed within the audio at intervals of not 36
135		-	greater than two minutes each, in the same language as the rest of the audio 37
136		-	used in the communication, and in a pitch that can be easily heard by the 38
137		-	average listener. 39
138		-	(2) A visual communication that contains synthetic media shall display 40
139		-	throughout the duration of each portion of the communication containing 41
140		-	synthetic media, in legible writing, the words: 42
141		-	a. "This video content generated by AI," if the content is a video that 43
142		-	includes synthetic visual media but not synthetic audio media; 44
143		-	b. "This image generated by AI," if the content is an image that includes 45
144		-	synthetic visual media but not synthetic audio media; 46
145		-	c. "This audio content generated by AI," if the video includes synthetic 47
146		-	audio media but not synthetic visual media; or 48
147		-	d. "This content generated by AI," if the communication includes both 49
148		-	synthetic audio media and synthetic visual media. 50 General Assembly Of North Carolina Session 2025
149		-	Page 4 House Bill 375-First Edition
150		-	(3) For visual media, the disclosure shall be printed or typed in a legible font size 1
151		-	easily readable by the average viewer that is no smaller than other text 2
152		-	appearing in the visual media and in the same language used on the 3
153		-	communication to read as follows: "This (image, video, or audio) has been 4
154		-	manipulated." 5
155		-	(b) In addition to the requirements in subsection (a) of this section, a creator or sponsor 6
156		-	who publishes an online digital audio or visual communication that is viewable, audible, or 7
157		-	accessible in this State shall ensure the advertisement carries embedded tamper-evident digital 8
158		-	content provenance that discloses: 9
159		-	(1) The initial author and creator of the content; 10
160		-	(2) Any subsequent entities that edited, altered, or otherwise modified the content; 11
161		-	and 12
162		-	(3) Any use of generative artificial intelligence in generating or modifying the 13
163		-	substantive content. 14
164		-	(c) This section applies to an audio or visual communication that: 15
165		-	(1) Is paid for by a candidate campaign committee, political action committee, 16
166		-	political issues committee, political party, or a person using a contribution; 17
167		-	(2) Is intended to influence voting for or against a candidate or ballot proposition 18
168		-	in an election or primary in this State; and 19
169		-	(3) Contains synthetic media. 20
170		-	"§ 170-3. Use of materially deceptive media in political communications. 21
171		-	(a) A person that distributes or publishes any political communication that was produced 22
172		-	by or includes materially deceptive media and knows or should know that it is materially 23
173		-	deceptive shall disclose this use, as follows: 24
174		-	(1) For visual media, the disclosure shall be printed or typed in a legible font size 25
175		-	easily readable by the average viewer that is no smaller than other text 26
176		-	appearing in the visual media and in the same language used on the 27
177		-	communication to read as follows: "This (image, video, or audio) has been 28
178		-	manipulated." This subdivision does not apply to any of the following: 29
179		-	a. Materially deceptive media that constitutes satire or parody. 30
180		-	b. Materially deceptive media created for the purposes of bona fide news 31
181		-	reporting when the required disclosure is included. 32
182		-	c. Initial dissemination by a platform or service, including, but not 33
183		-	limited to, a website, regularly published newspaper, or magazine, 34
184		-	where the content disseminated is materially deceptive media provided 35
185		-	by another information content provider when a good-faith effort has 36
186		-	been made to establish that the depiction is not materially deceptive 37
187		-	media. 38
188		-	d. An interactive computer service as defined in 47 U.S.C. § 230. 39
189		-	(2) For communication that is auditory, such as radio or automated telephone 40
190		-	calls, clearly speaking the statement at the beginning of the audio, at the end 41
191		-	of the audio, and, if the audio is greater than two minutes in length, 42
192		-	interspersed within the audio at intervals of not greater than two minutes each 43
193		-	and in the same language as the rest of the audio used in the communication, 44
194		-	and in a pitch that can be easily heard by the average listener. 45
195		-	"§ 170-4. Enforcement and remedies for violations. 46
196		-	(a) A candidate whose appearance, action, or speech is depicted through the use of a 47
197		-	deceptive and fraudulent deepfake in violation of this Article may seek injunctive or other 48
198		-	equitable relief prohibiting the publication of the deceptive and fraudulent deepfake. 49
199		-	(b) A candidate whose voice or likeness appears in materially deceptive media in 50
200		-	violation of this Article may seek reasonable attorneys' fees, costs, and injunctive relief 51 General Assembly Of North Carolina Session 2025
201		-	House Bill 375-First Edition Page 5
202		-	prohibiting the distribution, publication, or broadcasting of any materially deceptive media in 1
203		-	violation of this Article against such individual or entity who disseminated or published the media 2
204		-	without the consent of the person depicted and who knew or should have known that it was 3
205		-	materially deceptive. 4
206		-	An action under this section shall be initiated by filing an application for an order to show 5
207		-	cause in the superior court where the materially deceptive media at issue could deceive and 6
208		-	influence voters in an upcoming election. The action shall be entitled to an automatic calendar 7
209		-	preference and be subject to expedited pretrial and trial proceedings. 8
210		-	(c) In any action alleging a violation of this Article in which a plaintiff seeks preliminary 9
211		-	relief with respect to an upcoming election, the court shall grant relief if it determines that 10
212		-	plaintiffs are more likely than not to succeed on the merits and it is possible to implement. 11
213		-	(d) The plaintiff bears the burden of establishing the use of materially deceptive media 12
214		-	by clear and convincing evidence in any action brought under this Article. 13
215		-	(e) Any person who violates this Article is guilty of a Class 1 misdemeanor, except that: 14
216		-	(1) A person who commits the violation within five years of one or more prior 15
217		-	convictions under this section is guilty of a Class A felony. 16
218		-	(2) A person who commits the violation with the intent to cause violence or bodily 17
219		-	harm is guilty of a Class A felony. 18
220		-	"§ 170-5. Exceptions. 19
221		-	This Article does not apply to any of the following: 20
222		-	(1) A radio or television broadcasting station, including a cable or satellite 21
223		-	television operator, programmer, or producer that: 22
224		-	a. Broadcasts a deceptive and fraudulent deepfake that is prohibited by 23
225		-	this Article and that is part of a bona fide newscast, news interview, or 24
226		-	news documentary or on-the-spot coverage of bona fide news events, 25
227		-	if the broadcast clearly acknowledges through its content or a 26
228		-	disclosure in a manner that can be easily heard or read by the average 27
229		-	listener or viewer that there are questions about the authenticity of the 28
230		-	materially deceptive audio or visual media; and 29
231		-	b. Is paid to broadcast a deceptive and fraudulent deepfake and has made 30
232		-	a good-faith effort to establish that the depiction is not a deceptive and 31
233		-	fraudulent deepfake. 32
234		-	(2) An internet website or a regularly published newspaper, magazine, or other 33
235		-	periodical of general circulation, including an internet or electronic 34
236		-	publication, that routinely carries news and commentary of general interest 35
237		-	and that publishes materially deceptive audio or visual media that is prohibited 36
238		-	by this Article if the publication clearly states that the materially deceptive 37
239		-	audio or visual media was generated by artificial intelligence. 38
240		-	(3) Media that constitutes satire or parody. 39
241		-	(4) An interactive computer service as defined in 47 U.S.C. § 230. 40
242		-	"Article 2. 41
243		-	"Pornography and Fabricated Images. 42
244		-	"§ 170-6. Generated child pornography. 43
245		-	(a) A person who intentionally creates generated child pornography is guilty of a Class 44
246		-	A felony. 45
247		-	(b) It is unlawful for a person to knowingly possess, control, or intentionally view a 46
248		-	photograph, a motion picture, a representation, an image, a data file, a computer depiction, or 47
249		-	any other presentation which, in whole or in part, the person knows includes generated child 48
250		-	pornography. A person who violates this subsection is guilty of a Class A felony. 49 General Assembly Of North Carolina Session 2025
251		-	Page 6 House Bill 375-First Edition
252		-	(c) The possession, control, or intentional viewing of each such photograph, motion 1
253		-	picture, representation, image, data file, computer depiction, or other presentation constitutes a 2
254		-	separate offense. 3
255		-	(d) This section does not apply to any material possessed, controlled, or intentionally 4
256		-	viewed as part of a law enforcement investigation. 5
257		-	(e) In a criminal proceeding, any property or material that constitutes generated child 6
258		-	pornography must remain secured or locked in the care, custody, and control of a law 7
259		-	enforcement agency, the district attorney, or the court. Notwithstanding any law or rule of court 8
260		-	to the contrary, a court shall deny, in a criminal proceeding, any request by the defendant to copy, 9
261		-	photograph, duplicate, or otherwise reproduce any property or material that constitutes generated 10
262		-	child pornography so long as the district attorney makes the property or material reasonably 11
263		-	available to the defendant. For purposes of this section, property or material is deemed to be 12
264		-	reasonably available to the defendant if the district attorney provides ample opportunity at a 13
265		-	designated facility for the inspection, viewing, and examination of the property or material that 14
266		-	constitutes generated child pornography by the defendant, the defendant's attorney, or any 15
267		-	individual whom the defendant uses as an expert during the discovery process or at a court 16
268		-	proceeding. 17
269		-	"§ 170-7. Disclosure of fabricated intimate images. 18
270		-	(a) A person is guilty of a Class 1 misdemeanor when the person knowingly discloses a 19
271		-	fabricated intimate image of another person and the person disclosing the image: 20
272		-	(1) Knows or should have known that the depicted person has not consented to 21
273		-	the disclosure; and 22
274		-	(2) Knows or reasonably should know that disclosure would cause harm to the 23
275		-	depicted person. 24
276		-	(b) A person who is under the age of 18 is not guilty of the crime of disclosing fabricated 25
277		-	intimate images unless the person: 26
278		-	(1) Intentionally and maliciously disclosed a fabricated intimate image of another 27
279		-	person; and 28
280		-	(2) Knows or should have known that the depicted person has not consented to 29
281		-	the disclosure. 30
282		-	(c) This section does not apply to: 31
283		-	(1) Disclosures made in the public interest, including, but not limited to, the 32
284		-	reporting of unlawful conduct, or the lawful and common practices of law 33
285		-	enforcement, criminal reporting, legal proceedings, or medical treatment; or 34
286		-	(2) Images that constitute commentary, criticism, or disclosure protected by the 35
287		-	North Carolina Constitution or the United States Constitution. 36
288		-	(d) This section does not impose liability upon the following entities solely as a result of 37
289		-	content provided by another person: 38
290		-	(1) An interactive computer service, as defined in Title 47 U.S.C. § 230(f)(2); 39
291		-	(2) A mobile telecommunications service provider; or 40
292		-	(3) A telecommunications network or broadband provider. 41
293		-	(e) In any prosecution for a violation of this section, it is not a defense that: 42
294		-	(1) The perpetrator lacked knowledge of whether the disclosed image had been 43
295		-	created or altered by digitization; or 44
296		-	(2) The depicted person consented to the creation or alteration of the image. 45
297		-	(f) The crime of disclosing fabricated intimate images: 46
298		-	(1) Is a Class 1 misdemeanor on the first offense; or 47
299		-	(2) Is a Class A felony if the defendant has one or more prior convictions for a 48
300		-	violation of this section or the section governing disclosure of intimate 49
301		-	images. 50 General Assembly Of North Carolina Session 2025
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303		-	(g) A minor who possesses any image of any other minor which constitutes a fabricated 1
304		-	intimate image forfeits any right to continued possession of the image and any court exercising 2
305		-	jurisdiction over such image shall order forfeiture of the image. 3
306		-	"§ 170-8. Remedies for disclosure of fabricated intimate images. 4
307		-	(a) A depicted individual who is identifiable and who suffers harm from a person's 5
308		-	intentional disclosure or threatened disclosure of a fabricated intimate image without the depicted 6
309		-	individual's consent has a cause of action against the person if the person knew or acted with 7
310		-	reckless disregard for whether: 8
311		-	(1) The depicted individual did not consent to the disclosure; and 9
312		-	(2) The depicted individual was identifiable. 10
313		-	(b) A depicted individual's consent to the creation of the fabricated intimate image does 11
314		-	not by itself establish that the depicted individual consented to its disclosure. Consent is deemed 12
315		-	validly given only if it (i) is set forth in an agreement written in plain language signed knowingly 13
316		-	and voluntarily by the depicted individual and (ii) includes a general description of the fabricated 14
317		-	intimate image and, if applicable, the audiovisual work into which it will be incorporated. 15
318		-	(c) It is not a defense to an action under this section that there is a disclaimer stating that 16
319		-	the fabricated intimate image of the depicted individual was unauthorized or that the depicted 17
320		-	individual did not participate in the creation or development of the fabricated intimate image. 18
321		-	(d) In an action under this section, a prevailing plaintiff may recover: 19
322		-	(1) The greater of economic and noneconomic damages proximately caused by 20
323		-	the defendant's disclosure or threatened disclosure, including damages for 21
324		-	emotional distress whether or not accompanied by other damages; or statutory 22
325		-	damages not to exceed ten thousand dollars ($10,000) against each defendant 23
326		-	found liable for all disclosures and threatened disclosures; 24
327		-	(2) An amount equal to any monetary gain made by the defendant from disclosure 25
328		-	of the fabricated intimate image; and 26
329		-	(3) Punitive damages in an amount not to exceed three times the amount of 27
330		-	damages under subdivision (1) of this subsection. 28
331		-	The court may award a prevailing plaintiff reasonable attorneys' fees and costs; and additional 29
332		-	relief, including injunctive relief. 30
333		-	(f) An action under this section for an unauthorized disclosure may not be brought later 31
334		-	than four years from the date the disclosure was discovered or should have been discovered with 32
335		-	the exercise of reasonable diligence. A threat to disclose may not be brought later than four years 33
336		-	from the date of the threat to disclose. 34
337		-	(g) In an action under this section by a depicted individual who was a minor on the date 35
338		-	of the disclosure or threat to disclose, the time specified in subsection (f) of this section does not 36
339		-	begin to run until the depicted individual attains the age of majority. 37
340		-	"§ 170-9. Exemption from liability. 38
341		-	(a) A person is not liable under this Article if the person proves that disclosure of, or a 39
342		-	threat to disclose, a fabricated intimate image was made in good faith, as follows: 40
343		-	(1) In connection with law enforcement activities, legal proceedings, or medical 41
344		-	education or treatment. 42
345		-	(2) In the reporting or investigation of unlawful conduct. 43
346		-	(3) In connection with a matter of public concern or public interest. 44
347		-	If a defendant asserts an exception to liability under this section, the exception does not apply if 45
348		-	the plaintiff proves the disclosure was prohibited by law other than this Article or made for the 46
349		-	purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or 47
350		-	commercial gain. 48
351		-	(b) Disclosure of, or a threat to disclose, a fabricated intimate image is not a matter of 49
352		-	public concern or public interest solely because the depicted individual is a public figure. 50
353		-	"§ 170-10. AI-generated images in court proceedings. 51 General Assembly Of North Carolina Session 2025
354		-	Page 8 House Bill 375-First Edition
355		-	(a) In any criminal proceeding, any property or material that constitutes a depiction of a 1
356		-	minor engaged in sexually explicit conduct, including any fabricated depictions, shall remain in 2
357		-	the care, custody, and control of either a law enforcement agency or the court. 3
358		-	(b) Despite any request by the defendant or prosecution, any property or material that 4
359		-	constitutes a fabricated depiction of a minor shall not be copied, photographed, duplicated, or 5
360		-	otherwise reproduced, so long as the property or material is made reasonably available to the 6
361		-	parties. The property or material shall be deemed to be reasonably available to the parties if the 7
362		-	prosecution, defense counsel, or any individual sought to be qualified to furnish expert testimony 8
363		-	at trial has ample opportunity for inspection, viewing, and examination of the property or material 9
364		-	at a law enforcement facility or a neutral facility approved by the court upon petition by the 10
365		-	defense. 11
366		-	(c) The defendant may view and examine the property and materials only while in the 12
367		-	presence of his or her attorney. If the defendant is proceeding pro se, the court will appoint an 13
368		-	individual to supervise the defendant while he or she examines the materials. 14
369		-	(d) The court may direct that a mirror image of a computer hard drive containing such 15
370		-	depictions be produced for use by an expert only upon a showing that an expert has been retained 16
371		-	and is prepared to conduct a forensic examination while the mirror imaged hard drive remains in 17
372		-	the care, custody, and control of a law enforcement agency or the court. Upon a substantial 18
373		-	showing that the expert's analysis cannot be accomplished while the mirror imaged hard drive is 19
374		-	kept within the care, custody, and control of a law enforcement agency or the court, the court 20
375		-	may order its release to the expert for analysis for a limited time. If release is granted, the court 21
376		-	shall issue a protective order setting forth such terms and conditions as are necessary to protect 22
377		-	the rights of the victims, to document the chain of custody, and to protect physical evidence. 23
378		-	(e) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of 24
379		-	its format and whether it is a fabricated depiction, is marked as an exhibit in a criminal 25
380		-	proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any 26
381		-	exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents 27
382		-	access to, or viewing of, the depiction and shall be labeled so as to identify its contents. Anyone 28
383		-	seeking to view such an exhibit must obtain permission from the superior court after providing 29
384		-	at least 10 days' notice to the prosecuting attorney. Appellate attorneys for the defendant and the 30
385		-	State shall be given access to the exhibit, which must remain in the care and custody of either a 31
386		-	law enforcement agency or the court. 32
387		-	(f) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy 33
388		-	any exhibit containing a depiction of a minor engaged in sexually explicit conduct, including any 34
389		-	fabricated depictions, five years after the judgment is final, as unless otherwise required by law. 35
390		-	Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no 36
391		-	collateral attack on the judgment pending in any court. If the criminal proceeding ends in a 37
392		-	mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that 38
393		-	investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal 39
394		-	proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency 40
395		-	that investigated the criminal charges for either safekeeping or destruction. 41
396		-	"Article 3. 42
397		-	"Various Regulations. 43
398		-	"§ 170-11. Generative artificial intelligence transparency disclosures. 44
399		-	(a) Except as provided in subsection (b) of this section, when a person uses generative 45
400		-	artificial intelligence to interact with an individual, the business or person shall disclose that the 46
401		-	individual is interacting with Gen AI only if the individual asks whether the interaction involves 47
402		-	generative artificial intelligence. 48
403		-	(b) When generative artificial intelligence is utilized in the provision of services of a 49
404		-	regulated occupation, a prominent mandatory disclosure must be clearly and conspicuously 50
405		-	provided. 51 General Assembly Of North Carolina Session 2025
406		-	House Bill 375-First Edition Page 9
407		-	(c) Regulated occupation professionals must disclose the use of Gen AI either verbally 1
408		-	at the start of an exchange or conversation with a client or customer or through an electronic 2
409		-	message before a written exchange. 3
410		-	(d) Violation of this section is a Class A misdemeanor. Each interaction with a consumer 4
411		-	constitutes a potential separate violation. 5
412		-	"Article 4. 6
413		-	"Miscellaneous Provisions. 7
414		-	"§ 170-12. Nonexclusive remedies. 8
415		-	The remedies in this Chapter are nonexclusive. When an aggrieved person has multiple 9
416		-	options for seeking relief, choosing an option provided by this Chapter does not prevent the 10
417		-	person from pursuing other remedies. The aggrieved person may pursue multiple forms of relief 11
418		-	allowed by law simultaneously or sequentially. 12
419		-	"§ 170-13. Criminal liability for AI-assisted offenses. 13
420		-	(a) A defendant is guilty of a criminal offense under this Chapter if the defendant 14
421		-	commits the offense with the aid of generative artificial intelligence or intentionally prompts or 15
422		-	otherwise causes generative artificial intelligence to commit the offense. 16
423		-	(b) It is not a defense to the violation of any statute that generative artificial intelligence 17
424		-	made the violative statement, undertook the violative act, or was used in furtherance of the 18
425		-	violation. 19
426		-	"§ 170-14. Statutory construction. 20
427		-	(a) It is the intent of the General Assembly that the provisions of this Chapter be liberally 21
428		-	construed in the best interest of the citizens of this State, especially minors and voters. 22
429		-	(b) Nothing in this section shall be construed to conflict with or prohibit compliance with 23
430		-	Title IX of the Education Amendments of 1972, as amended; the Americans with Disabilities 24
431		-	Act, as amended; the Age Discrimination in Employment Act, as amended; Title VI of the Civil 25
432		-	Rights Act of 1964; or other applicable State or federal law. This section does not apply to speech 26
433		-	protected by the First Amendment of the United States Constitution. 27
434		-	(c) If a provision of this Chapter or its application to any person or circumstance is held 28
435		-	invalid, the invalidity does not affect other provisions or applications of the Act that can be given 29
436		-	effect without the invalid provision or application and, to this end, the provisions of this Chapter 30
437		-	are severable." 31
438		-	SECTION 2. This act becomes effective December 1, 2025, and applies to acts or 32
439		-	omissions occurring on or after that date. 33
	45	+	appears to be someone else, the person appears to be saying something that 33
	46	+	the person has never said, or the person appears to be doing something that 34
	47	+	the person has never done. 35
	48	+	H.B. 375
	49	+	Mar 11, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH30161-LR-9A
	52	+	(5) Digital content provenance. – Purely factual information that details a digital 1
	53	+	resource's creator, origin, context, history, and editing process; and conforms 2
	54	+	to an open industry technical standard. 3
	55	+	(6) Digital impersonation. – Synthetic media, typically video or audio, that: 4
	56	+	a. Has been digitally manipulated to convincingly replace one person's 5
	57	+	likeness or voice with that of another using deep generative methods 6
	58	+	and artificial intelligence techniques, or for which one person's 7
	59	+	likeness or voice has otherwise been simulated using deep generative 8
	60	+	methods and artificial intelligence techniques; 9
	61	+	b. Was created with the intention to deceive or lead reasonable listeners 10
	62	+	or viewers into believing that the content is authentic; 11
	63	+	c. Reasonable viewers or listeners would believe actually represents the 12
	64	+	person's voice or likeness; 13
	65	+	d. Would cause reasonable viewers or listeners to conclude that the 14
	66	+	recording or image is a true and accurate depiction of something the 15
	67	+	person said or did; 16
	68	+	e. Is not commentary, parody, satire, criticism, or artistic expression; and 17
	69	+	f. Was not created by the person or with the person's consent. 18
	70	+	(7) Digitization. – Creating or altering an image of a person in a realistic manner 19
	71	+	utilizing images of another person or computer-generated images, regardless 20
	72	+	of whether the creation or alteration is accomplished manually or through an 21
	73	+	automated process. The term includes, but is not limited to, creation or 22
	74	+	alteration of an image with the use of artificial intelligence. 23
	75	+	(8) Fabricated intimate image. – Any photograph, motion picture film, videotape, 24
	76	+	digital image, or any other recording or transmission of another person who is 25
	77	+	identifiable from the image itself or from information displayed with or 26
	78	+	otherwise connected to the image, and that was created or altered by 27
	79	+	digitization to depict: 28
	80	+	a. Computer-generated intimate body parts or the intimate body parts of 29
	81	+	another person as the intimate body parts of the depicted person, 30
	82	+	whether nude or visible through less than opaque clothing and 31
	83	+	including the genitals, pubic area, anus, or postpubescent female 32
	84	+	nipple; or 33
	85	+	b. The depicted person engaging in sexual conduct in which the depicted 34
	86	+	person did not actually engage. 35
	87	+	(9) Generative artificial intelligence or Gen AI. – Artificial intelligence that: 36
	88	+	a. Is trained on data; 37
	89	+	b. Interacts with a person using text, audio, or visual communication; and 38
	90	+	c. Generates non-scripted outputs similar to outputs created by a human, 39
	91	+	with limited or no human oversight. 40
	92	+	(10) Generated child pornography. – Any image that has been created, altered, 41
	93	+	adapted, or modified by electronic, mechanical, or other computer-generated 42
	94	+	means to portray a fictitious person, who a reasonable person would regard as 43
	95	+	being a minor, engaged in sexual conduct. 44
	96	+	(11) Information content provider. – A person or entity that is responsible, in whole 45
	97	+	or in part, for the creation or development of information provided through 46
	98	+	the Internet or any other interactive computer service. 47
	99	+	(12) Materially deceptive media. – Synthetic audio or visual media that: 48
	100	+	a. Exhibits a high level of authenticity or convincing appearance that is 49
	101	+	visually or audibly indistinguishable from reality to a reasonable 50
	102	+	person; 51 General Assembly Of North Carolina Session 2025
	103	+	DRH30161-LR-9A Page 3
	104	+	b. Depicts a scenario that did not actually occur; or that has been altered 1
	105	+	in a significant way from how they actually occurred such that it 2
	106	+	significantly changes how a reasonable person would understand the 3
	107	+	original content; 4
	108	+	c. Is likely or meant to harm reputation or mislead voters; and 5
	109	+	d. Is created by generative artificial intelligence or with software, 6
	110	+	machine learning, or any other computer-generated or technological 7
	111	+	means, including adapting, modifying, manipulating, or altering a 8
	112	+	realistic depiction. 9
	113	+	(13) Regulated occupation. – Any occupation that is subject to licensing or 10
	114	+	certification by a state occupational licensing board or commission. 11
	115	+	(14) Sexual conduct. – As defined in G.S. 14-190.5A. The term includes "sexual 12
	116	+	activity" as defined by G.S. 14-190.13. 13
	117	+	(15) Sponsor. – A person that pays for the content that uses artificial intelligence 14
	118	+	to generate synthetic media. 15
	119	+	(16) Synthetic audio media. – Audio content that was substantially produced by 16
	120	+	generative artificial intelligence. 17
	121	+	(17) Synthetic media. – An image, audio recording, or video recording of an 18
	122	+	individual's appearance, speech, or conduct that has been created or 19
	123	+	intentionally manipulated with the use of digital technology in a manner to 20
	124	+	create a realistic but false image, audio, or video. 21
	125	+	(18) Synthetic visual media. – An image or video that was substantially produced 22
	126	+	by generative artificial intelligence. 23
	127	+	"§ 170-2. Use of synthetic media in political campaigns. 24
	128	+	(a) Within 90 days before an election at which a candidate for elected office will appear 25
	129	+	on the ballot, a person who acts as a creator shall not sponsor or create and distribute a synthetic 26
	130	+	media message that the person knows is a deceptive and fraudulent deepfake of that candidate or 27
	131	+	of a political party that is on that ballot unless the synthetic media message includes a clear and 28
	132	+	conspicuous disclosure that meets the following criteria: 29
	133	+	(1) An audio communication that contains synthetic audio media shall include 30
	134	+	audibly at the beginning and end of the communication the words, "Contains 31
	135	+	content generated by AI." If the audio content is greater than two minutes in 32
	136	+	length, the words shall be interspersed within the audio at intervals of not 33
	137	+	greater than two minutes each, in the same language as the rest of the audio 34
	138	+	used in the communication, and in a pitch that can be easily heard by the 35
	139	+	average listener. 36
	140	+	(2) A visual communication that contains synthetic media shall display 37
	141	+	throughout the duration of each portion of the communication containing 38
	142	+	synthetic media, in legible writing, the words: 39
	143	+	a. "This video content generated by AI," if the content is a video that 40
	144	+	includes synthetic visual media but not synthetic audio media; 41
	145	+	b. "This image generated by AI," if the content is an image that includes 42
	146	+	synthetic visual media but not synthetic audio media; 43
	147	+	c. "This audio content generated by AI," if the video includes synthetic 44
	148	+	audio media but not synthetic visual media; or 45
	149	+	d. "This content generated by AI," if the communication includes both 46
	150	+	synthetic audio media and synthetic visual media. 47
	151	+	(3) For visual media, the disclosure shall be printed or typed in a legible font size 48
	152	+	easily readable by the average viewer that is no smaller than other text 49
	153	+	appearing in the visual media and in the same language used on the 50 General Assembly Of North Carolina Session 2025
	154	+	Page 4 DRH30161-LR-9A
	155	+	communication to read as follows: "This (image, video, or audio) has been 1
	156	+	manipulated." 2
	157	+	(b) In addition to the requirements in subsection (a) of this section, a creator or sponsor 3
	158	+	who publishes an online digital audio or visual communication that is viewable, audible, or 4
	159	+	accessible in this State shall ensure the advertisement carries embedded tamper-evident digital 5
	160	+	content provenance that discloses: 6
	161	+	(1) The initial author and creator of the content; 7
	162	+	(2) Any subsequent entities that edited, altered, or otherwise modified the content; 8
	163	+	and 9
	164	+	(3) Any use of generative artificial intelligence in generating or modifying the 10
	165	+	substantive content. 11
	166	+	(c) This section applies to an audio or visual communication that: 12
	167	+	(1) Is paid for by a candidate campaign committee, political action committee, 13
	168	+	political issues committee, political party, or a person using a contribution; 14
	169	+	(2) Is intended to influence voting for or against a candidate or ballot proposition 15
	170	+	in an election or primary in this State; and 16
	171	+	(3) Contains synthetic media. 17
	172	+	"§ 170-3. Use of materially deceptive media in political communications. 18
	173	+	(a) A person that distributes or publishes any political communication that was produced 19
	174	+	by or includes materially deceptive media and knows or should know that it is materially 20
	175	+	deceptive shall disclose this use, as follows: 21
	176	+	(1) For visual media, the disclosure shall be printed or typed in a legible font size 22
	177	+	easily readable by the average viewer that is no smaller than other text 23
	178	+	appearing in the visual media and in the same language used on the 24
	179	+	communication to read as follows: "This (image, video, or audio) has been 25
	180	+	manipulated." This subdivision does not apply to any of the following: 26
	181	+	a. Materially deceptive media that constitutes satire or parody. 27
	182	+	b. Materially deceptive media created for the purposes of bona fide news 28
	183	+	reporting when the required disclosure is included. 29
	184	+	c. Initial dissemination by a platform or service, including, but not 30
	185	+	limited to, a website, regularly published newspaper, or magazine, 31
	186	+	where the content disseminated is materially deceptive media provided 32
	187	+	by another information content provider when a good-faith effort has 33
	188	+	been made to establish that the depiction is not materially deceptive 34
	189	+	media. 35
	190	+	d. An interactive computer service as defined in 47 U.S.C. § 230. 36
	191	+	(2) For communication that is auditory, such as radio or automated telephone 37
	192	+	calls, clearly speaking the statement at the beginning of the audio, at the end 38
	193	+	of the audio, and, if the audio is greater than two minutes in length, 39
	194	+	interspersed within the audio at intervals of not greater than two minutes each 40
	195	+	and in the same language as the rest of the audio used in the communication, 41
	196	+	and in a pitch that can be easily heard by the average listener. 42
	197	+	"§ 170-4. Enforcement and remedies for violations. 43
	198	+	(a) A candidate whose appearance, action, or speech is depicted through the use of a 44
	199	+	deceptive and fraudulent deepfake in violation of this Article may seek injunctive or other 45
	200	+	equitable relief prohibiting the publication of the deceptive and fraudulent deepfake. 46
	201	+	(b) A candidate whose voice or likeness appears in materially deceptive media in 47
	202	+	violation of this Article may seek reasonable attorneys' fees, costs, and injunctive relief 48
	203	+	prohibiting the distribution, publication, or broadcasting of any materially deceptive media in 49
	204	+	violation of this Article against such individual or entity who disseminated or published the media 50 General Assembly Of North Carolina Session 2025
	205	+	DRH30161-LR-9A Page 5
	206	+	without the consent of the person depicted and who knew or should have known that it was 1
	207	+	materially deceptive. 2
	208	+	An action under this section shall be initiated by filing an application for an order to show 3
	209	+	cause in the superior court where the materially deceptive media at issue could deceive and 4
	210	+	influence voters in an upcoming election. The action shall be entitled to an automatic calendar 5
	211	+	preference and be subject to expedited pretrial and trial proceedings. 6
	212	+	(c) In any action alleging a violation of this Article in which a plaintiff seeks preliminary 7
	213	+	relief with respect to an upcoming election, the court shall grant relief if it determines that 8
	214	+	plaintiffs are more likely than not to succeed on the merits and it is possible to implement. 9
	215	+	(d) The plaintiff bears the burden of establishing the use of materially deceptive media 10
	216	+	by clear and convincing evidence in any action brought under this Article. 11
	217	+	(e) Any person who violates this Article is guilty of a Class 1 misdemeanor, except that: 12
	218	+	(1) A person who commits the violation within five years of one or more prior 13
	219	+	convictions under this section is guilty of a Class A felony. 14
	220	+	(2) A person who commits the violation with the intent to cause violence or bodily 15
	221	+	harm is guilty of a Class A felony. 16
	222	+	"§ 170-5. Exceptions. 17
	223	+	This Article does not apply to any of the following: 18
	224	+	(1) A radio or television broadcasting station, including a cable or satellite 19
	225	+	television operator, programmer, or producer that: 20
	226	+	a. Broadcasts a deceptive and fraudulent deepfake that is prohibited by 21
	227	+	this Article and that is part of a bona fide newscast, news interview, or 22
	228	+	news documentary or on-the-spot coverage of bona fide news events, 23
	229	+	if the broadcast clearly acknowledges through its content or a 24
	230	+	disclosure in a manner that can be easily heard or read by the average 25
	231	+	listener or viewer that there are questions about the authenticity of the 26
	232	+	materially deceptive audio or visual media; and 27
	233	+	b. Is paid to broadcast a deceptive and fraudulent deepfake and has made 28
	234	+	a good-faith effort to establish that the depiction is not a deceptive and 29
	235	+	fraudulent deepfake. 30
	236	+	(2) An internet website or a regularly published newspaper, magazine, or other 31
	237	+	periodical of general circulation, including an internet or electronic 32
	238	+	publication, that routinely carries news and commentary of general interest 33
	239	+	and that publishes materially deceptive audio or visual media that is prohibited 34
	240	+	by this Article if the publication clearly states that the materially deceptive 35
	241	+	audio or visual media was generated by artificial intelligence. 36
	242	+	(3) Media that constitutes satire or parody. 37
	243	+	(4) An interactive computer service as defined in 47 U.S.C. § 230. 38
	244	+	"Article 2. 39
	245	+	"Pornography and Fabricated Images. 40
	246	+	"§ 170-6. Generated child pornography. 41
	247	+	(a) A person who intentionally creates generated child pornography is guilty of a Class 42
	248	+	A felony. 43
	249	+	(b) It is unlawful for a person to knowingly possess, control, or intentionally view a 44
	250	+	photograph, a motion picture, a representation, an image, a data file, a computer depiction, or 45
	251	+	any other presentation which, in whole or in part, the person knows includes generated child 46
	252	+	pornography. A person who violates this subsection is guilty of a Class A felony. 47
	253	+	(c) The possession, control, or intentional viewing of each such photograph, motion 48
	254	+	picture, representation, image, data file, computer depiction, or other presentation constitutes a 49
	255	+	separate offense. 50 General Assembly Of North Carolina Session 2025
	256	+	Page 6 DRH30161-LR-9A
	257	+	(d) This section does not apply to any material possessed, controlled, or intentionally 1
	258	+	viewed as part of a law enforcement investigation. 2
	259	+	(e) In a criminal proceeding, any property or material that constitutes generated child 3
	260	+	pornography must remain secured or locked in the care, custody, and control of a law 4
	261	+	enforcement agency, the district attorney, or the court. Notwithstanding any law or rule of court 5
	262	+	to the contrary, a court shall deny, in a criminal proceeding, any request by the defendant to copy, 6
	263	+	photograph, duplicate, or otherwise reproduce any property or material that constitutes generated 7
	264	+	child pornography so long as the district attorney makes the property or material reasonably 8
	265	+	available to the defendant. For purposes of this section, property or material is deemed to be 9
	266	+	reasonably available to the defendant if the district attorney provides ample opportunity at a 10
	267	+	designated facility for the inspection, viewing, and examination of the property or material that 11
	268	+	constitutes generated child pornography by the defendant, the defendant's attorney, or any 12
	269	+	individual whom the defendant uses as an expert during the discovery process or at a court 13
	270	+	proceeding. 14
	271	+	"§ 170-7. Disclosure of fabricated intimate images. 15
	272	+	(a) A person is guilty of a Class 1 misdemeanor when the person knowingly discloses a 16
	273	+	fabricated intimate image of another person and the person disclosing the image: 17
	274	+	(1) Knows or should have known that the depicted person has not consented to 18
	275	+	the disclosure; and 19
	276	+	(2) Knows or reasonably should know that disclosure would cause harm to the 20
	277	+	depicted person. 21
	278	+	(b) A person who is under the age of 18 is not guilty of the crime of disclosing fabricated 22
	279	+	intimate images unless the person: 23
	280	+	(1) Intentionally and maliciously disclosed a fabricated intimate image of another 24
	281	+	person; and 25
	282	+	(2) Knows or should have known that the depicted person has not consented to 26
	283	+	the disclosure. 27
	284	+	(c) This section does not apply to: 28
	285	+	(1) Disclosures made in the public interest, including, but not limited to, the 29
	286	+	reporting of unlawful conduct, or the lawful and common practices of law 30
	287	+	enforcement, criminal reporting, legal proceedings, or medical treatment; or 31
	288	+	(2) Images that constitute commentary, criticism, or disclosure protected by the 32
	289	+	North Carolina Constitution or the United States Constitution. 33
	290	+	(d) This section does not impose liability upon the following entities solely as a result of 34
	291	+	content provided by another person: 35
	292	+	(1) An interactive computer service, as defined in Title 47 U.S.C. § 230(f)(2); 36
	293	+	(2) A mobile telecommunications service provider; or 37
	294	+	(3) A telecommunications network or broadband provider. 38
	295	+	(e) In any prosecution for a violation of this section, it is not a defense that: 39
	296	+	(1) The perpetrator lacked knowledge of whether the disclosed image had been 40
	297	+	created or altered by digitization; or 41
	298	+	(2) The depicted person consented to the creation or alteration of the image. 42
	299	+	(f) The crime of disclosing fabricated intimate images: 43
	300	+	(1) Is a Class 1 misdemeanor on the first offense; or 44
	301	+	(2) Is a Class A felony if the defendant has one or more prior convictions for a 45
	302	+	violation of this section or the section governing disclosure of intimate 46
	303	+	images. 47
	304	+	(g) A minor who possesses any image of any other minor which constitutes a fabricated 48
	305	+	intimate image forfeits any right to continued possession of the image and any court exercising 49
	306	+	jurisdiction over such image shall order forfeiture of the image. 50
	307	+	"§ 170-8. Remedies for disclosure of fabricated intimate images. 51 General Assembly Of North Carolina Session 2025
	308	+	DRH30161-LR-9A Page 7
	309	+	(a) A depicted individual who is identifiable and who suffers harm from a person's 1
	310	+	intentional disclosure or threatened disclosure of a fabricated intimate image without the depicted 2
	311	+	individual's consent has a cause of action against the person if the person knew or acted with 3
	312	+	reckless disregard for whether: 4
	313	+	(1) The depicted individual did not consent to the disclosure; and 5
	314	+	(2) The depicted individual was identifiable. 6
	315	+	(b) A depicted individual's consent to the creation of the fabricated intimate image does 7
	316	+	not by itself establish that the depicted individual consented to its disclosure. Consent is deemed 8
	317	+	validly given only if it (i) is set forth in an agreement written in plain language signed knowingly 9
	318	+	and voluntarily by the depicted individual and (ii) includes a general description of the fabricated 10
	319	+	intimate image and, if applicable, the audiovisual work into which it will be incorporated. 11
	320	+	(c) It is not a defense to an action under this section that there is a disclaimer stating that 12
	321	+	the fabricated intimate image of the depicted individual was unauthorized or that the depicted 13
	322	+	individual did not participate in the creation or development of the fabricated intimate image. 14
	323	+	(d) In an action under this section, a prevailing plaintiff may recover: 15
	324	+	(1) The greater of economic and noneconomic damages proximately caused by 16
	325	+	the defendant's disclosure or threatened disclosure, including damages for 17
	326	+	emotional distress whether or not accompanied by other damages; or statutory 18
	327	+	damages not to exceed ten thousand dollars ($10,000) against each defendant 19
	328	+	found liable for all disclosures and threatened disclosures; 20
	329	+	(2) An amount equal to any monetary gain made by the defendant from disclosure 21
	330	+	of the fabricated intimate image; and 22
	331	+	(3) Punitive damages in an amount not to exceed three times the amount of 23
	332	+	damages under subdivision (1) of this subsection. 24
	333	+	The court may award a prevailing plaintiff reasonable attorneys' fees and costs; and additional 25
	334	+	relief, including injunctive relief. 26
	335	+	(f) An action under this section for an unauthorized disclosure may not be brought later 27
	336	+	than four years from the date the disclosure was discovered or should have been discovered with 28
	337	+	the exercise of reasonable diligence. A threat to disclose may not be brought later than four years 29
	338	+	from the date of the threat to disclose. 30
	339	+	(g) In an action under this section by a depicted individual who was a minor on the date 31
	340	+	of the disclosure or threat to disclose, the time specified in subsection (f) of this section does not 32
	341	+	begin to run until the depicted individual attains the age of majority. 33
	342	+	"§ 170-9. Exemption from liability. 34
	343	+	(a) A person is not liable under this Article if the person proves that disclosure of, or a 35
	344	+	threat to disclose, a fabricated intimate image was made in good faith, as follows: 36
	345	+	(1) In connection with law enforcement activities, legal proceedings, or medical 37
	346	+	education or treatment. 38
	347	+	(2) In the reporting or investigation of unlawful conduct. 39
	348	+	(3) In connection with a matter of public concern or public interest. 40
	349	+	If a defendant asserts an exception to liability under this section, the exception does not apply if 41
	350	+	the plaintiff proves the disclosure was prohibited by law other than this Article or made for the 42
	351	+	purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or 43
	352	+	commercial gain. 44
	353	+	(b) Disclosure of, or a threat to disclose, a fabricated intimate image is not a matter of 45
	354	+	public concern or public interest solely because the depicted individual is a public figure. 46
	355	+	"§ 170-10. AI-generated images in court proceedings. 47
	356	+	(a) In any criminal proceeding, any property or material that constitutes a depiction of a 48
	357	+	minor engaged in sexually explicit conduct, including any fabricated depictions, shall remain in 49
	358	+	the care, custody, and control of either a law enforcement agency or the court. 50 General Assembly Of North Carolina Session 2025
	359	+	Page 8 DRH30161-LR-9A
	360	+	(b) Despite any request by the defendant or prosecution, any property or material that 1
	361	+	constitutes a fabricated depiction of a minor shall not be copied, photographed, duplicated, or 2
	362	+	otherwise reproduced, so long as the property or material is made reasonably available to the 3
	363	+	parties. The property or material shall be deemed to be reasonably available to the parties if the 4
	364	+	prosecution, defense counsel, or any individual sought to be qualified to furnish expert testimony 5
	365	+	at trial has ample opportunity for inspection, viewing, and examination of the property or material 6
	366	+	at a law enforcement facility or a neutral facility approved by the court upon petition by the 7
	367	+	defense. 8
	368	+	(c) The defendant may view and examine the property and materials only while in the 9
	369	+	presence of his or her attorney. If the defendant is proceeding pro se, the court will appoint an 10
	370	+	individual to supervise the defendant while he or she examines the materials. 11
	371	+	(d) The court may direct that a mirror image of a computer hard drive containing such 12
	372	+	depictions be produced for use by an expert only upon a showing that an expert has been retained 13
	373	+	and is prepared to conduct a forensic examination while the mirror imaged hard drive remains in 14
	374	+	the care, custody, and control of a law enforcement agency or the court. Upon a substantial 15
	375	+	showing that the expert's analysis cannot be accomplished while the mirror imaged hard drive is 16
	376	+	kept within the care, custody, and control of a law enforcement agency or the court, the court 17
	377	+	may order its release to the expert for analysis for a limited time. If release is granted, the court 18
	378	+	shall issue a protective order setting forth such terms and conditions as are necessary to protect 19
	379	+	the rights of the victims, to document the chain of custody, and to protect physical evidence. 20
	380	+	(e) Whenever a depiction of a minor engaged in sexually explicit conduct, regardless of 21
	381	+	its format and whether it is a fabricated depiction, is marked as an exhibit in a criminal 22
	382	+	proceeding, the prosecutor shall seek an order sealing the exhibit at the close of the trial. Any 23
	383	+	exhibits sealed under this section shall be sealed with evidence tape in a manner that prevents 24
	384	+	access to, or viewing of, the depiction and shall be labeled so as to identify its contents. Anyone 25
	385	+	seeking to view such an exhibit must obtain permission from the superior court after providing 26
	386	+	at least 10 days' notice to the prosecuting attorney. Appellate attorneys for the defendant and the 27
	387	+	State shall be given access to the exhibit, which must remain in the care and custody of either a 28
	388	+	law enforcement agency or the court. 29
	389	+	(f) If the criminal proceeding ends in a conviction, the clerk of the court shall destroy 30
	390	+	any exhibit containing a depiction of a minor engaged in sexually explicit conduct, including any 31
	391	+	fabricated depictions, five years after the judgment is final, as unless otherwise required by law. 32
	392	+	Before any destruction, the clerk shall contact the prosecuting attorney and verify that there is no 33
	393	+	collateral attack on the judgment pending in any court. If the criminal proceeding ends in a 34
	394	+	mistrial, the clerk shall either maintain the exhibit or return it to the law enforcement agency that 35
	395	+	investigated the criminal charges for safekeeping until the matter is set for retrial. If the criminal 36
	396	+	proceeding ends in an acquittal, the clerk shall return the exhibit to the law enforcement agency 37
	397	+	that investigated the criminal charges for either safekeeping or destruction. 38
	398	+	"Article 3. 39
	399	+	"Various Regulations. 40
	400	+	"§ 170-11. Generative artificial intelligence transparency disclosures. 41
	401	+	(a) Except as provided in subsection (b) of this section, when a person uses generative 42
	402	+	artificial intelligence to interact with an individual, the business or person shall disclose that the 43
	403	+	individual is interacting with Gen AI only if the individual asks whether the interaction involves 44
	404	+	generative artificial intelligence. 45
	405	+	(b) When generative artificial intelligence is utilized in the provision of services of a 46
	406	+	regulated occupation, a prominent mandatory disclosure must be clearly and conspicuously 47
	407	+	provided. 48
	408	+	(c) Regulated occupation professionals must disclose the use of Gen AI either verbally 49
	409	+	at the start of an exchange or conversation with a client or customer or through an electronic 50
	410	+	message before a written exchange. 51 General Assembly Of North Carolina Session 2025
	411	+	DRH30161-LR-9A Page 9
	412	+	(d) Violation of this section is a Class A misdemeanor. Each interaction with a consumer 1
	413	+	constitutes a potential separate violation. 2
	414	+	"Article 4. 3
	415	+	"Miscellaneous Provisions. 4
	416	+	"§ 170-12. Nonexclusive remedies. 5
	417	+	The remedies in this Chapter are nonexclusive. When an aggrieved person has multiple 6
	418	+	options for seeking relief, choosing an option provided by this Chapter does not prevent the 7
	419	+	person from pursuing other remedies. The aggrieved person may pursue multiple forms of relief 8
	420	+	allowed by law simultaneously or sequentially. 9
	421	+	"§ 170-13. Criminal liability for AI-assisted offenses. 10
	422	+	(a) A defendant is guilty of a criminal offense under this Chapter if the defendant 11
	423	+	commits the offense with the aid of generative artificial intelligence or intentionally prompts or 12
	424	+	otherwise causes generative artificial intelligence to commit the offense. 13
	425	+	(b) It is not a defense to the violation of any statute that generative artificial intelligence 14
	426	+	made the violative statement, undertook the violative act, or was used in furtherance of the 15
	427	+	violation. 16
	428	+	"§ 170-14. Statutory construction. 17
	429	+	(a) It is the intent of the General Assembly that the provisions of this Chapter be liberally 18
	430	+	construed in the best interest of the citizens of this State, especially minors and voters. 19
	431	+	(b) Nothing in this section shall be construed to conflict with or prohibit compliance with 20
	432	+	Title IX of the Education Amendments of 1972, as amended; the Americans with Disabilities 21
	433	+	Act, as amended; the Age Discrimination in Employment Act, as amended; Title VI of the Civil 22
	434	+	Rights Act of 1964; or other applicable State or federal law. This section does not apply to speech 23
	435	+	protected by the First Amendment of the United States Constitution. 24
	436	+	(c) If a provision of this Chapter or its application to any person or circumstance is held 25
	437	+	invalid, the invalidity does not affect other provisions or applications of the Act that can be given 26
	438	+	effect without the invalid provision or application and, to this end, the provisions of this Chapter 27
	439	+	are severable." 28
	440	+	SECTION 2. This act becomes effective December 1, 2025, and applies to acts or 29
	441	+	omissions occurring on or after that date. 30