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SB-11 Artificial intelligence technology.(2025-2026)



Current Version: 12/02/24 - Introduced

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SB11:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 11

Introduced by Senator Ashby

December 02, 2024

An act to add Chapter 22.7 (commencing with Section 22650) to Division 8 of the Business and Professions Code, to amend Section 3344 of the Civil Code, to add Article 2.5 (commencing with Section 1425) to Chapter 1 of Division 11 of the Evidence Code, and to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to artificial intelligence technology.


LEGISLATIVE COUNSEL'S DIGEST


SB 11, as introduced, Ashby. Artificial intelligence technology.
(1) Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified.
This bill would define various terms related to artificial intelligence and synthetic content, and would clarify that use of such synthetic content, as specified, is deemed to be a false personation for purposes of these and other criminal provisions.
(2) Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee’s photograph or likeness.
This bill would clarify that, for purposes of this cause of action, a synthetic voice or likeness that a reasonable person would believe to be a genuine voice or likeness, is deemed to be the voice or likeness of the person depicted. The bill would also remove the provisions establishing the rebuttable presumption when an employee’s likeness or photograph appears in an advertisement or other publication.
(3) Existing law governs the admissibility of evidence in court proceedings. Existing law prescribes procedures for the authentication of photographs and audio and video recordings.
This bill would require the Judicial Council, by no later than January 1, 2027, to review the impact of artificial intelligence on the introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by artificial intelligence.
(4) Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency to protect and promote the interests of consumers. Existing law places certain requirements on various specified businesses, including household movers, tanning facilities, video arcades, and tax preparers.
This bill would require, by December 1, 2026, any person or entity that sells or provides access to any artificial intelligence technology that is designed to create synthetic content, as defined, to provide a consumer warning that misuse of the technology may result in civil or criminal liability for the user. The bill would require the Department of Consumer Affairs to specify the form and content of the consumer warning and post it on a publicly accessible page of its internet website by July 1, 2026. The bill would also impose a civil penalty for violations of the requirement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 22.7 (commencing with Section 22650) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  22.7. Artificial Intelligence Technology Providers

22650.
 (a) By December 1, 2026, any person or entity that sells or provides access to any artificial intelligence technology that is designed to create any synthetic content shall provide a consumer warning that misuse of the technology may result in civil or criminal liability for the user.
(b) The department shall determine the acceptable form and content of the consumer warning required by this section and post it on a publicly accessible page of its internet website by July 1, 2026.
(c) Failure to comply with subdivision (a) is punishable by a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day that the technology is provided to or offered to the public without a consumer warning. The department may enforce this section by bringing a civil action in any court of competent jurisdiction. The civil penalties collected shall be deposited into the General Fund.
(d) As used in this section, “artificial intelligence” and “synthetic content” have the same meaning as in Section 540 of the Penal Code.

SEC. 2.

 Section 3344 of the Civil Code is amended to read:

3344.
 (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such these profits, the injured party or parties are required to present proof only of the gross revenue attributable to such the unauthorized use, and the person who violated this section is required to prove his or her their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.
(b) As used in this section, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.
(3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner.

(c)Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee’s photograph or likeness.

(d)

(c) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a).

(e)

(d) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a).

(f)

(e) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that such those owners or employees had knowledge of the unauthorized use of the person’s name, voice, signature, photograph, or likeness as prohibited by this section.
(f) For purposes of this section, a voice or photograph that is synthetic content, as defined in Section 540 of the Penal Code, is deemed to be the voice or photograph of the person depicted, if a reasonable person would believe that the synthetic content is the genuine voice or photograph of that person.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

SEC. 3.

 Article 2.5 (commencing with Section 1425) is added to Chapter 1 of Division 11 of the Evidence Code, to read:
Article  2.5. Screening of Writings for Synthetic Content

1425.
 (a) By no later than January 1, 2027, the Judicial Council shall review the impact of artificial intelligence on the introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by artificial intelligence.
(b) As used in this section, “artificial intelligence” has the same meaning as in Section 540 of the Penal Code.

SEC. 4.

 Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:
CHAPTER  9. Offense Involving the Use of Artificial Intelligence Technology

540.
 For purposes of this chapter, the following definitions apply:
(a) “Artificial intelligence” or “AI” means an engineered or machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs that can influence physical or virtual environments and that may operate with varying levels of autonomy.
(b) “Synthetic content” means information, such as text, audio, videos, or images, that has been significantly modified or generated by algorithms, including by AI. Synthetic content includes content commonly referred to as deepfakes.

541.
 For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, the use of synthetic content with the intent to impersonate another is deemed to be a false personation. Intent to impersonate can be inferred if the synthetic content produced would lead a reasonable person to believe that it is a genuine recording of, or the actual voice of, the person that it is presenting to be.