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

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Date Published: 01/08/2020 09:00 PM
AB1903:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1903

Introduced by Assembly Member Grayson

January 08, 2020

An act to add Section 644 to the Penal Code, relating to crimes, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1903, as introduced, Grayson. Crimes: deceptive recordings.
Existing law creates a civil cause of action for using the name, voice, signature, photograph, or likeness of another person, without their consent, in any manner, for the purpose of advertising, selling, or soliciting goods or services. Existing law also creates a civil cause of action for capturing or attempting to capture, in a manner that is offensive to a reasonable person, any type of image or recording of a person engaging in a private, personal, or familial activity. Existing law prohibits the distribution of an intimate image, as described, of an identifiable person that was taken under circumstances in which the person agreed or understood that the image was to remain private.
This bill would define a “deepfake” as a recording that has been 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. This bill would also criminally prohibit a person from preparing, producing, or developing, without the depicted individual’s consent, a deepfake depicting sexual conduct. The bill would also exempt certain recordings including those that are clearly satire or parody and those that contain a clear disclosure that the recording is not an actual record of a real event.
This bill would appropriate $25,000,000 from the General Fund to the University of California to fund research to identify and combat the inappropriate use of deepfake technology.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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.