Deepfake pornography.

2025-2026 Regular Session Introduced by Juan Alanis and 9 co-sponsors

AB 621 protects individuals, especially minors, from unauthorized deepfake pornography by allowing lawsuits, increasing penalties, and presuming knowledge of consent violations.

Chaptered by Secretary of State - Chapter 673, Statutes of 2025.

#deepfakepornography

Purpose and Intent

AB 621, introduced by Assemblymember Bauer-Kahan, aims to enhance legal protections against the unauthorized creation and distribution of deepfake pornography, particularly when it involves individuals who did not consent to the use of their likeness. The bill seeks to address the growing concerns surrounding digital manipulation technologies that can create misleading and harmful representations of individuals, especially minors.

Key Provisions

AB 621 amends Section 1708.86 of the Civil Code to include several important changes:

Expanded Cause of Action:

Individuals depicted in digitized sexually explicit material can sue if they were minors at the time of creation or if the creator knew or should have known they were minors.
The bill also allows for legal action against those who knowingly facilitate or recklessly aid in the creation or distribution of such material.

Definition of Digitized Sexually Explicit Material:

The bill defines "digitized sexually explicit material" as any visual or audiovisual work that has been created or significantly altered through digitization, showing the depicted individual in a nude state or engaging in sexual conduct.

Presumption of Knowledge:

Individuals or entities that operate deepfake pornography services are presumed to have knowledge of the lack of consent unless they can provide evidence of express written consent from the depicted individual.

Increased Damages:

Statutory damages for violations are increased to a minimum of $50,000 for non-malicious violations and up to $250,000 for malicious violations, significantly raising the stakes for offenders.

Enforcement by Public Attorneys:

The bill authorizes certain public attorneys, including the Attorney General and district attorneys, to bring civil actions to enforce these provisions.

Impact

AB 621 is designed to protect individuals, particularly minors, from the exploitation of their likenesses in deepfake pornography. The bill aims to deter the creation and distribution of such material by imposing stricter penalties and expanding the scope of legal recourse available to victims.

Affected Parties

Depicted Individuals: Those whose likenesses are used without consent, especially minors.

Creators and Distributors: Individuals and companies involved in the creation and dissemination of deepfake pornography.

Public Prosecutors: Authorized to enforce the provisions of the bill.

Procedural Aspects

Introduced: November 7, 2025

Status: Chaptered by Secretary of State - Chapter 673, Statutes of 2025

Vote Requirement: Majority

Fiscal Committee: Yes

Local Program: No

AB 621 represents a significant step in addressing the challenges posed by deepfake technology and aims to provide stronger protections for individuals against unauthorized and harmful digital representations.

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