Criminal procedure: sentencing guidelines; guidelines for dissemination of deep fake sexual images; enact. Amends sec. 17b, ch. XVII of 1927 PA 175 (MCL 777.17b). TIE BAR WITH: HB 4047'25

2025-2026 Regular Session Introduced by Greg Alexander and 43 co-sponsors

Adds dissemination of an intimate deep fake with aggravating factors to Michigan sentencing guidelines as a Class F felony; tied to HB 4047, up to 3 years and $5,000.

assigned PA 12'25 with immediate effect

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Overview / Purpose

HB 4048 amends the Michigan Code of Criminal Procedure (sec. 17b of chapter XVII; MCL 777.17b) to add the dissemination of an “intimate deep fake” with specified aggravating factors into the State’s sentencing guidelines as a Class F felony. The change ties to and is intended to work with the companion statute created by HB 4047 (the "Protection from Intimate Deep Fakes Act"), which establishes the underlying criminal offenses and civil remedies for nonconsensual intimate deep fakes.

Key provisions

Adds the offense of dissemination of an intimate deep fake with aggravating factors to the list of felonies covered by chapter XVII (listed under MCL 752.388(3) in the enrolled bill) and classifies it as a Class F felony for sentencing guideline purposes (MCL 777.17b).

The Class F designation reflects the substantive penalties in the companion bill (HB 4047), which treats aggravated dissemination as a felony carrying up to 3 years’ imprisonment (and up to a $5,000 fine under HB 4047’s penalty scheme).

The amendment is tie‑barred to HB 4047: it does not take effect unless HB 4047 is enacted. Both bills were enacted and assigned Public Act No. 12 of 2025 and given immediate effect.

Definitions and aggravating factors (as framed by companion HB 4047)

“Deep fake” generally means a realistically fabricated video, image, audio, or technological representation substantially dependent on technical means such that a reasonable person would believe it depicts the actual conduct or speech of the depicted individual.

Aggravating factors (from HB 4047) include: financial loss to the depicted person, intent to profit, posting on a website or operating a platform to create/disseminate deep fakes, intent to harass/extort/threaten, or prior conviction for the same offense.

Who or what is affected

Individuals who create or disseminate sexually explicit deep fakes of identifiable persons (particularly where aggravating factors apply) face upgraded sentencing consideration under Michigan’s guidelines.

The sentencing change can affect prosecutorial charging decisions and judges’ guideline scoring for cases arising under HB 4047’s criminal provisions.

HB 4047 also creates civil remedies for victims and includes exemptions for certain lawful uses (e.g., criminal investigations, court-ordered materials, medical treatment) and for some providers (internet service infrastructure, technology developers) under specified conditions.

Fiscal and procedural notes

Legislative reports indicate HB 4048 alone would have no fiscal impact on local government and an indeterminate impact on the State due to the Michigan Supreme Court’s ruling that sentencing guidelines are advisory (People v. Lockridge). Fiscal impacts tied to convictions (incarceration costs, fines) depend on prosecutorial and judicial outcomes.

Legislative history: introduced Jan 30, 2025; passed House April 24, 2025; passed Senate Aug 13, 2025; approved by Governor Aug 26, 2025; enacted as PA 12 of 2025 with immediate effect (operation contingent on enactment of HB 4047).

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