Signed by Governor Josh Shapiro

Vote Smart's Synopsis:

Vote to pass a bill that establishes a criminal offense for digital forgery in Pennsylvania.

Highlights:

•  Defines the offense of “digital forgery” as the following acts that are committed with intent to defraud or injure anyone (Sec. 1):

• Generating or creating and distributing a forged digital likeness as genuine; and

• Knowing or reasonably knowing that the distributed material is a forged digital likeness.

• Specifies that an individual violating this Act is guilty of a misdemeanor of the first degree (Sec. 1).

• Specifies that an individual violating this Act through involvement in a scheme to defraud, coerce, or commit theft of monetary assets or property is guilty of a felony of the third degree (Sec. 1).

• Exempts the following from violations of this Act (Sec. 1):

• A constitutionally protected activity;

• A law enforcement officer engaged in the performance of their official duties;

• The provider or developer of any technology used in the creation of a visual representation or audio recording; or

• A party that provides or enables computer access by multiple users to a computer server.

• Specifies that it is an affirmative defense to prosecution that the defendant took reasonable action to inform viewers or listeners that a digital likeness is not genuine (Sec. 1).

• Defines “forged digital likeness” as a computer-generated visual or audio representation of an actual and identifiable individual (Sec. 1).

• Specifies that this Act takes effect 60 days after passage (Sec. 2).

Full Bill Text