Today's Law As Amended


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AB-1903 Crimes: deceptive recordings.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 644 is added to the Penal Code, to read:

644.
 (a) Every person who knowingly, and without the consent of the depicted individual, prepares, produces, or develops any deepfake that depicts an individual personally engaging in sexual conduct, as defined in Section 311.4, and who distributes to, exhibits to, or exchanges with, others, or offers to distribute to, exhibit to, or exchange with, others, that deepfake, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who knowingly prepares, produces, or develops any deepfake that depicts an individual under 18 years of age personally engaging in sexual conduct, as defined in Section 311.4, and who distributes to, exhibits to, or exchanges with, others, or offers to distribute to, exhibit to, or exchange with, others, that deepfake, shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(c) No person shall be held liable under this section for any activity protected by the First Amendment to the Constitution of the United States.
(d) (1) As used in this section, “deepfake” means any audio or visual media in an electronic format, including any motion picture film or video recording, that is created or altered in a manner that it would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of the individual depicted in the recording.
(2) As used in this section, “deepfake” does not include any material that constitutes a work of political, public interest, or newsworthy value, including commentary, criticism, satire, or parody, or that includes content, context, or a clear disclosure visible throughout the duration of the recording, that would cause a reasonable person to understand that the audio or visual media is not a record of a real event.
(3) As used in this section, the preparation, production, or development of a deepfake does not include any alteration of a recording described in paragraph (2), including altering the length of the recording, so long as such alteration does not knowingly remove any content, context, or clear disclosure visible throughout the duration of the recording, that would cause a reasonable person to believe that the audio or visual media is not a record of a real event.
SEC. 2.
 (a)  The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund to the University of California to fund research to identify and combat the inappropriate use of deepfake technology.
(b) If it elects to accept the appropriation, the University of California shall, by no later than January 1, 2022, prepare and submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing its research and findings.
(c) If the University of California elects not to accept the appropriation, this section shall not be given effect.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.