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HB 4047

Lee County Tourist Development Council, Lee County

2026 Regular Session Introduced by Mike Giallombardo

Criminalizes nonconsensual creation or sharing of intimate deepfakes and provides civil remedies, including damages and injunctions, for victims.

Approved by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 4047

HB 4047 — “Protection from Intimate Deep Fakes Act” (Public Act No. 11 of 2025)

Main purpose

Establishes civil and criminal liability for the nonconsensual creation or dissemination of “intimate” deep‑fake sexual images or recordings of identifiable individuals, and creates remedies (including damages and injunctive relief) for victims.

Key definitions

  • Deep fake: a synthetic or substantially altered video, audio, image or technological representation that (1) is so realistic a reasonable person would believe it depicts the person, and (2) was substantially produced by technical means rather than simple impersonation.
  • Depicted individual: a person identifiable by face, likeness or other distinguishing characteristic.
  • Intimate parts: genitalia or anus, or a female’s nipple.
  • Personal information: identifiers enabling contact (name, address, phone, e‑mail, social media, geolocation, etc.).
  • Sexual act/contact/penetration: defined consistent with sexual‑offense terminology.

Civil provisions (what victims can do)

  • Who may sue: the depicted individual or a representative.
  • Elements: plaintiff must show (a) the defendant knew or reasonably should have known the deep fake would cause physical, emotional, reputational or economic harm, or created/disseminated it to harass/extort/threaten or cause such harm; (b) the deep fake realistically depicts intimate parts or a sexual act; and (c) the depicted person is identifiable from the deep fake or associated personal information.
  • Remedies: economic and noneconomic damages (including mental anguish), disgorgement of profits from the deep fake, court costs and reasonable attorney fees.
  • Injunctive relief: courts may issue temporary restraining orders or permanent injunctions; courts may impose civil fines for violating such orders (up to $1,000 per day).
  • Procedure: cause of action accrues when the depicted individual discovers the deep fake; suit may be filed in counties where plaintiff or defendant resides or where the deep fake was produced/reproduced/stored. Courts must allow confidential filings and may permit pseudonymous filings to protect victims’ privacy.
  • Consent defense: consent is not a defense unless documented in a plain‑language signed agreement describing the intimate depiction.

Criminal provisions

  • Misdemeanor: intentional creation or dissemination under the statute’s standards — punishable by up to 1 year imprisonment or up to $3,000 fine (or both).
  • Felony (aggravated): enhanced penalty (up to 3 years imprisonment or up to $5,000 fine, or both) for specified aggravating circumstances (e.g., intent to profit, online platform dissemination, financial loss to victim, prior conviction, use for extortion or harassment).

Exemptions and limits on liability

  • Permitted uses/exceptions: lawful criminal investigations/prosecutions, reporting of unlawful conduct, medical/mental‑health treatment (with protections), legal proceedings consistent with practice or court order, or matters of public interest where the item is clearly identified as a deep fake and created/disseminated in good faith to prevent further dissemination.
  • Service/provider immunity: interactive computer services (47 U.S.C. §230), public mobile/telecom providers, and networks are not liable for merely providing transmission infrastructure or access; creators/providers of general‑purpose technology are exempt unless the technology was designed/marketed/deployed for nonconsensual intimate deep fakes.

Timeline / status

  • Introduced: Jan–Mar 2025 (House).
  • Passed both chambers (House and Senate) in 2025; Senate substitute adopted.
  • Approved by Governor and became Public Act No. 11 on August 26, 2025, with immediate effect.

Potential impact

  • Creates a civil avenue and statutory damages for victims of intimate deep fakes and criminal penalties for bad actors.
  • Anticipated fiscal impacts are indeterminate: potential increased criminal prosecutions, civil filings, and related court workload; incarceration costs and fine revenues could be affected depending on enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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