Assembly Bill A1280

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1280
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. VANEL, HYNDMAN, ZACCARO, SIMON, GLICK -- Multi-
   Sponsored by -- M. of A. LEVENBERG -- read once and  referred  to  the
   Committee on Codes
 
 AN  ACT to amend the penal law, in relation to unlawful dissemination or
   publication of  a  fabricated  photographic,  videographic,  or  audio
   record

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 245.20  to
 read as follows:
 § 245.20 UNLAWFUL  DISSEMINATION  OR  PUBLICATION OF A FABRICATED PHOTO-
            GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
   1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR  PUBLICATION  OF  A
 FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
 TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
 WELFARE  OF  AN  IDENTIFIABLE  PERSON  OR PERSONS, SUCH PRINCIPAL PERSON
 INTENTIONALLY CREATES OR CAUSES TO BE CREATED  A  FABRICATED  RECORD  OF
 SUCH PERSON OR PERSONS AND DISSEMINATES OR PUBLISHES SUCH RECORD OF SUCH
 PERSON OR PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "IDENTIFIABLE"  SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
 IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
 DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
   (B)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "FABRICATED  RECORD"  SHALL MEAN A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04102-01-5
 A. 1280                             2
              

 
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS AND STABLE DIFFUSION;
   (III)  DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
   (C) "DISSEMINATE" AND  "PUBLISH"  SHALL  HAVE  THE  SAME  MEANINGS  AS
 DEFINED IN SECTION 250.40 OF THIS TITLE.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A)  DISSEMINATION  OR  PUBLICATION OF A FABRICATED RECORD BY A PERSON
 WHO DID NOT CREATE THE FABRICATED RECORD, WHETHER OR NOT SUCH PERSON  IS
 AWARE OF THE AUTHENTICITY OF THE RECORD;
   (B)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
 PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (C) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  POLITICAL  OR SOCIAL COMMENTARY, PARODY,
 SATIRE, OR ARTISTIC EXPRESSION THAT IS  NOT  DISSEMINATED  OR  PUBLISHED
 WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (D)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF  NEWS  REPORTING  WHERE  THE  RECORD  IS  NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (E)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE  DISSEMINATION  OR
 PUBLICATION  OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
 OUS BODILY INJURY OR DEATH;
   (F) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  HISTORICAL  REENACTMENT OR PRESERVATION,
 DIGITAL RESTORATION OR  PRESERVATION  OF  CULTURAL  HERITAGE  WHERE  THE
 RECORD  IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
 ITS AUTHENTICITY;
   (G) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
 SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING  OR  EDUCATION
 OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
   (H)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
   (I) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
 RESEARCH  OR  DEVELOPMENT  WHERE  THE  RECORD  IS  NOT  DISSEMINATED  OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
   (J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
 BY AN INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH  THE  PLATFORM  OR
 SERVICE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS  THAT 47 U.S.C § 230 CONFERS ON AN INTERACTIVE COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTOGRAPHIC,
 VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS E FELONY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.