Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that establishes sentencing guidelines for certain AI deepfakes in Michigan.

Highlights:

• Specifies the creation and distribution of deep fake media falsely portraying an identifiable individual in a sexual manner without their permission as a crime with criminal penalties ranging from (Sec. 1):

• A misdemeanor offense with up to a $3,000 fine and one year in prison upon first conviction; or

• A felony offense with up to a $5,000 fine and a 3-year prison sentence if the following apply:

• The depicted individual suffers financial loss because of the creation or dissemination of the deep fake;

• The individual creates or disseminates the deep fake with the intent to profit from the dissemination;

• The individual maintains an internet website, online service, online application, or mobile application to create or disseminate the deep fake;

• The individual posts the deep fake on a website;

• The individual creates or disseminates the deep fake with the intent to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to the depicted individual; or

• The individual has previously been convicted of a violation.

• Specifies that the provisions of this bill shall not take effect unless H.B. 4047 is passed and signed into law by the Governor as well (Sec. 2).

Full Bill Text