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Bill

AB 855

Relating to: synthetic digital representations and providing a penalty.

2025-2026 Regular Session Introduced by Margaret Arney and 11 co-sponsors

Wisconsin bill criminalizing non-consensual synthetic digital representations failed Senate passage despite addressing serious harms from deepfakes and fake intimate imagery.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 855

Legislative bill overview

AB 855 addresses the creation and distribution of synthetic digital representations (likely deepfakes and non-consensual intimate images) in Wisconsin, establishing legal penalties for violations. The bill was introduced in January 2026 with bipartisan support but failed to pass the Senate in March 2026 despite advancing through initial legislative stages.

Why is this important

Synthetic digital representations—particularly non-consensual intimate imagery and deepfakes—can cause serious psychological harm, reputational damage, and harassment to victims. Without specific statutory language, victims may lack clear legal recourse, and bad actors operate in a regulatory gray zone. Clarifying criminal penalties creates both deterrent effect and explicit victim protections.

Potential points of contention

  • Definitional scope: Disagreement likely exists over what qualifies as a prohibited "synthetic digital representation"—does it include all deepfakes, only intimate imagery, or only those created without consent? Overly broad definitions risk chilling free speech and parody.
  • Intent and consent requirements: Whether the law requires proving malicious intent, recklessness, or strict liability; and how to handle consensual creation versus non-consensual distribution of the same content.
  • First Amendment tensions: Balancing legitimate interests in protecting victims against constitutional protections for satire, political commentary, and artistic expression—courts frequently scrutinize content-based restrictions.

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

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