Concerning access to personnel records.

2023-2024 Regular Session Introduced by Liz Berry and 5 co-sponsors

HB 1320 makes nonconsensual, deceptive AI deepfakes of real people a class A misdemeanor, criminalizing creation, possession, or distribution of fake images or videos.

House Rules "X" file.

Purpose

HB 1320 creates a new criminal offense in chapter 12.1‑31 of the North Dakota Century Code to prohibit the intentional creation, possession, distribution, promotion, sale, exhibition, broadcast, or transmission of “deepfake” videos or images that depict an individual without that person’s consent and with the intent to deceive.

Key provisions

Definition: A “deepfake video or image” is defined broadly to include any video or audio recording, motion picture film, electronic image, or photograph that is digitally altered or created by artificial intelligence with the intent to deceive and that depicts an individual’s image or voice that did not occur in reality (i.e., the person did not actually appear or speak as shown).

Prohibited conduct: It is a crime to intentionally produce, possess, distribute, promote, advertise, sell, exhibit, broadcast, or transmit a deepfake video or image without the consent of the individual appearing in it.

Penalty: Violation is classified as a class A misdemeanor.

Who is affected

Potential defendants: Individuals or entities who create, edit, host, share, sell, or otherwise disseminate AI‑generated or AI‑altered audiovisual content that portrays a real person in fabricated or manipulated ways without that person’s consent and with the requisite intent to deceive.

Potential victims: Persons whose likenesses or voices are used in deceptive AI‑generated media without consent (including private citizens and public figures).

Law enforcement and prosecutors: Responsible for investigation and charging under the new statutory offense.

Digital platforms and intermediaries: While the text targets persons who perform the prohibited acts, platforms that host or transmit offending content may face takedown requests or provide evidence in investigations; the bill does not explicitly regulate platform liability.

Notable omissions & legal considerations

The statutory text, as provided, contains no explicit carve‑outs for newsgathering, satire/parody, academic research, or legitimate art — nor does it detail defenses or mens rea beyond “intent to deceive.” Those omissions could raise First Amendment, evidentiary, and enforcement issues in practice.

Technical challenges: proving “intent to deceive” and establishing authorship/possession may require digital forensic methods.

Procedural / timeline notes

Sponsors: Representatives Christy, Conmy, Kasper, Koppelman, Louser, Mitskog, Pyle, Satrom, Schauer; Senators Boehm, Magrum, Myrdal.

Filed: November 14, 2024.

Read first time: March 10, 2025; referred to subcommittee on County & Regional Government.

Committee activity: Public hearing and subcommittee consideration occurred April 14, 2025 (testimony taken; left pending).

Status (as provided): Second reading — failed to pass (yeas 17, nays 69).

If enacted, HB 1320 would make nonconsensual, deceptive AI‑generated portrayals of real people a class A misdemeanor under North Dakota law.

Bill