Bill
AB 621
AB 621 strengthens civil protections against nonconsensual digitized deepfake porn by holding creators, facilitators, and platforms liable, with higher damages and faster enforceme
Note: the bill text provided addresses AB 621 (Bauer‑Kahan) on deepfake pornography (amendment to Civ. Code §1708.86). The header you supplied (virtual school / parental choice) does not match the documents. The summary below covers the deepfake pornography bill as introduced and enacted in 2025.
Title and purpose
- AB 621 (Bauer‑Kahan) — Amends Civil Code §1708.86 to strengthen civil protections and enforcement against creation, disclosure, and facilitation of digitized (deepfake) sexually explicit material, including when the depicted person was a minor.
Key provisions
- Expanded definitions
- “Digitized sexually explicit material”: any visual or audiovisual work (including images) created or substantially altered through digitization that shows the depicted individual nude or appearing to engage in or be subjected to sexual conduct.
- “Deepfake pornography service”: an internet site, mobile app, or other service whose primary purpose is creating digitized sexually explicit material.
- “Consent”: must be a plain‑language, written agreement describing the material; the depicted individual may rescind within 3 business days unless given 72 hours to review or an authorized representative approves.
- Other defined terms include “digitization,” “malice,” “despicable conduct,” “nude,” and a detailed list of “sexual conduct.”
- New and clarified causes of action
- A depicted individual may sue a person who creates and intentionally discloses digitized sexually explicit material when the creator knew or reasonably should have known the depicted person did not consent or was a minor at creation.
- A depicted individual may sue for intentional disclosure of material the defendant did not create when the defendant knew or reasonably should have known lack of consent or minor status.
- Adds liability for knowingly facilitating or recklessly aiding/abetting prohibited conduct.
- Presumptions and duties for platforms and service providers
- Owners/operators of a deepfake pornography service are deemed to have engaged in creation/disclosure and are presumed to have known lack of consent unless they produce express written consent.
- A service provider that enables the ongoing operation of a deepfake pornography service is presumed to be knowingly facilitating or recklessly aiding/abetting if a depicted individual or public prosecutor provides sufficient evidence and the provider fails to take “all necessary steps” to stop enabling the service within 30 days of receiving that evidence.
- Remedies and enforcement
- Statutory damages increased: prior law authorized $1,500–$30,000 (and $150,000 for malicious violations); AB 621 raises maximums to up to $50,000 for non‑malicious violations and up to $250,000 for malicious violations.
- Certain public prosecutors (Attorney General, city attorneys, county counsel, district attorneys) are authorized to bring civil actions to enforce the statute.
- Plaintiffs retain other statutory and equitable remedies provided under the law (injunctions, etc.).
- Scope: applies to natural persons and legal entities (broad “person” definition).
Who is affected
- Victims: individuals depicted in deepfake sexually explicit works (including protections where the depicted individual was a minor at time of creation).
- Creators/operators: persons or entities that create, host, operate, or control services whose primary purpose is creating deepfake sexually explicit content.
- Service providers/infrastructure: companies providing services that enable the ongoing operation of such services (subject to 30‑day cure obligation once presented with evidence).
- Public enforcement: state and local prosecutors may bring civil enforcement actions.
Procedural/timeline highlights
- Introduced: February 13, 2025.
- Passed Legislature and enrolled: September 22, 2025.
- Approved by Governor and chaptered: October 13, 2025 — Chapter 673, Statutes of 2025.
- Fiscal notes: bill marked “Fiscal Committee: YES” (but “Appropriation: NO”).
Potential impact
- Increases civil exposure and financial penalties for creators and platforms involved with nonconsensual deepfake sexual content, and creates a faster pathway to hold intermediaries accountable by imposing a 30‑day obligation to act after notice.
- Strengthens remedies for victims and permits public prosecutors to bring civil suits to stop or remediate harmful deepfake pornography operations.
Compiled from official sources — confirm details with the bill’s official record.
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