CSHB 358(JUD): "An Act relating to defamation claims based on the use of deepfakes; relating to generated obscene child sexual abuse material; relating to child pornography; and relating to the use of deepfakes in electioneering communications."
00 CS FOR HOUSE BILL NO. 358(JUD) 01 "An Act relating to defamation claims based on the use of deepfakes; relating to 02 generated obscene child sexual abuse material; relating to child pornography; and 03 relating to the use of deepfakes in electioneering communications." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.65 is amended by adding a new section to read: 06 Sec. 09.65.360. Civil liability for defamation based on deepfakes. An action 07 for defamation based on the use of a deepfake is a claim for defamation per se. In this 08 section, "deepfake" has the meaning given in AS 15.80.009(f). 09 * Sec. 2. AS 11.61 is amended by adding new sections to read: 10 Sec. 11.61.121. Distribution of generated obscene child sexual abuse 11 material. (a) A person commits the crime of distribution of generated obscene child 12 sexual abuse material if the person distributes in this state or advertises, promotes, 13 solicits, or offers to distribute in this state any material that is proscribed under 14 AS 11.61.122.
01 (b) The possession of 100 or more films, audio, video, electronic, or 02 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 03 magazines, or other materials, including a combination of these items totaling 100 or 04 more, is prima facie evidence of distribution and intent to distribute under (a) of this 05 section. 06 (c) In this section, "distribution" includes the following, whether or not for 07 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 08 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 09 network or computer system, and providing billing collection, or other ancillary 10 services for or otherwise supporting these activities. 11 (d) Distribution of generated obscene child sexual abuse material is a 12 (1) class B felony; or 13 (2) class A felony if the person has been previously convicted of 14 distribution of generated obscene child sexual abuse material in this jurisdiction or a 15 similar crime in this or another jurisdiction. 16 Sec. 11.61.122. Possession of generated obscene child sexual abuse 17 material. (a) A person commits the crime of possession of generated obscene child 18 sexual abuse material if the person knowingly possesses or knowingly accesses on a 19 computer with intent to view any material that 20 (1) the average person, applying contemporary community standards, 21 would find, when considered as a whole, appeals to the prurient interest; 22 (2) depicts, in a patently offensive way, a child under 18 years of age 23 who, by manipulation, creation, or modification, appears to be engaged in conduct 24 described in AS 11.41.455(a); and 25 (3) when considered as a whole, lacks serious literary, artistic, 26 political, or scientific value. 27 (b) This section does not apply to an employee of an interactive computer 28 service, Internet service provider, cloud service provider, or telecommunications 29 network who, while acting in the scope of employment, possesses or accesses the 30 material described in (a) of this section solely to prevent, detect, report, or otherwise 31 respond to the production, generation, manipulation, or modification of the material.
01 In this subsection, "interactive computer service" has the meaning given in 02 AS 15.80.009(f). 03 (c) In this section, "computer" has the meaning given in AS 11.46.990. 04 (d) Possession of generated obscene child sexual abuse material is a class C 05 felony. 06 * Sec. 3. AS 11.61.127(a) is amended to read: 07 (a) A person commits the crime of possession of child pornography if the 08 person knowingly possesses or knowingly accesses on a computer with intent to view 09 any material that visually depicts conduct described in AS 11.41.455(a) knowing that 10 the 11 (1) production of the material involved the use of a child under 18 12 years of age who engaged in the conduct; or 13 (2) material depicts [A DEPICTION OF] a part of an actual child 14 under 18 years of age, or is a representation that is indistinguishable from an 15 identifiable child under 18 years of age, who, by manipulation, creation, or 16 modification, appears to be engaged in the conduct. 17 * Sec. 4. AS 11.61.127(b) is amended to read: 18 (b) This section does not apply to 19 (1) persons providing plethysmograph assessments in the course of a 20 sex offender treatment program that meets the minimum standards under 21 AS 33.30.011(a)(5); or 22 (2) an employee of an interactive computer service, Internet 23 service provider, cloud service provider, or telecommunications network who, 24 while acting in the scope of employment, possesses or accesses the material 25 described in (a) of this section solely to prevent, detect, report, or otherwise 26 respond to the production, generation, manipulation, or modification of the 27 material; in this paragraph, "interactive computer service" has the meaning 28 given in AS 15.80.009(f). 29 * Sec. 5. AS 11.61.127(f) is amended to read: 30 (f) In this section, 31 (1) "computer" has the meaning given in AS 11.46.990;
01 (2) "identifiable child" means an individual who is recognizable as 02 an actual child by the child's face, likeness, or other distinguishing 03 characteristics, regardless of whether the individual depicted is no longer under 04 18 years of age. 05 * Sec. 6. AS 11.61.129(a) is amended to read: 06 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 07 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 08 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 09 11.61.128] may be forfeited to the state upon the conviction of the offender. 10 * Sec. 7. AS 12.55.125(i) is amended to read: 11 (i) A defendant convicted of 12 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 13 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 14 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 15 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 16 than 99 years and shall be sentenced to a definite term within the following 17 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18 (A) if the offense is a first felony conviction, the offense does 19 not involve circumstances described in (B) of this paragraph, and the victim 20 was 21 (i) less than 13 years of age, 25 to 35 years; 22 (ii) 13 years of age or older, 20 to 30 years; 23 (B) if the offense is a first felony conviction and the defendant 24 possessed a firearm, used a dangerous instrument, or caused serious physical 25 injury during the commission of the offense, 25 to 35 years; 26 (C) if the offense is a second felony conviction and does not 27 involve circumstances described in (D) of this paragraph, 30 to 40 years; 28 (D) if the offense is a second felony conviction and the 29 defendant has a prior conviction for a sexual felony, 35 to 45 years; 30 (E) if the offense is a third felony conviction and the defendant 31 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40
01 to 60 years; 02 (F) if the offense is a third felony conviction, the defendant is 03 not subject to sentencing under (l) of this section, and the defendant has two 04 prior convictions for sexual felonies, 99 years; 05 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 06 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 07 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 08 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 09 minor in the first degree, or sex trafficking in the first degree under 10 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11 than 99 years and shall be sentenced to a definite term within the following 12 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, the offense does 14 not involve circumstances described in (B) of this paragraph, and the victim 15 was 16 (i) under 13 years of age, 20 to 30 years; 17 (ii) 13 years of age or older, 15 to 30 years; 18 (B) if the offense is a first felony conviction and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 25 to 35 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 30 to 40 years; 25 (E) if the offense is a third felony conviction, the offense does 26 not involve circumstances described in (F) of this paragraph, and the defendant 27 is not subject to sentencing under (l) of this section, 35 to 50 years; 28 (F) if the offense is a third felony conviction, the defendant is 29 not subject to sentencing under (l) of this section, and the defendant has two 30 prior convictions for sexual felonies, 99 years; 31 (3) sexual assault in the second degree, sexual abuse of a minor in the
01 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 02 first degree under AS 11.41.458(b)(2), distribution of generated obscene child 03 sexual abuse material under AS 11.61.121(d)(2), distribution of child pornography 04 under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit sexual 05 assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite 06 term of imprisonment of not more than 99 years and shall be sentenced to a definite 07 term within the following presumptive ranges, subject to adjustment as provided in 08 AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction, five to 15 years; 10 (B) if the offense is a second felony conviction and does not 11 involve circumstances described in (C) of this paragraph, 10 to 25 years; 12 (C) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 15 to 30 years; 14 (D) if the offense is a third felony conviction and does not 15 involve circumstances described in (E) of this paragraph, 20 to 35 years; 16 (E) if the offense is a third felony conviction and the defendant 17 has two prior convictions for sexual felonies, 99 years; 18 (4) sexual assault in the third degree, sexual abuse of a minor in the 19 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 20 AS 11.41.458(b)(1), possession of generated obscene child sexual abuse material, 21 distribution of generated obscene child sexual abuse material under 22 AS 11.61.121(d)(1), indecent viewing or production of a picture under 23 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child 24 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 25 commit sexual assault in the second degree, sexual abuse of a minor in the second 26 degree, unlawful exploitation of a minor, distribution of generated obscene child 27 sexual abuse material, or distribution of child pornography, may be sentenced to a 28 definite term of imprisonment of not more than 99 years and shall be sentenced to a 29 definite term within the following presumptive ranges, subject to adjustment as 30 provided in AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction and does not
01 involve the circumstances described in (B) or (C) of this paragraph, two to 12 02 years; 03 (B) if the offense is a first felony conviction under 04 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 05 involve circumstances described in (C) of this paragraph, four to 12 years; 06 (C) if the offense is a first felony conviction under 07 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1),] and the 08 defendant hosted, created, or helped host or create a mechanism for multi-party 09 sharing or distribution of generated obscene child sexual abuse material or 10 child pornography, or received a financial benefit or had a financial interest in 11 a generated obscene child sexual abuse material or child pornography 12 sharing or distribution mechanism, six to 14 years; 13 (D) if the offense is a second felony conviction and does not 14 involve circumstances described in (E) of this paragraph, eight to 15 years; 15 (E) if the offense is a second felony conviction and the 16 defendant has a prior conviction for a sexual felony, 12 to 20 years; 17 (F) if the offense is a third felony conviction and does not 18 involve circumstances described in (G) of this paragraph, 15 to 25 years; 19 (G) if the offense is a third felony conviction and the defendant 20 has two prior convictions for sexual felonies, 99 years. 21 * Sec. 8. AS 12.55.185(16) is amended to read: 22 (16) "sexual felony" means sexual assault in the first degree, sexual 23 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 24 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 25 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 26 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 27 distribution of child pornography, distribution of generated obscene child sexual 28 abuse material, sexual assault in the third degree, incest, indecent exposure in the 29 first degree, possession of child pornography, possession of generated obscene child 30 sexual abuse material, enticement of a minor, and felony attempt, conspiracy, or 31 solicitation to commit those crimes;
01 * Sec. 9. AS 14.20.030(b) is amended to read: 02 (b) The commissioner or the Professional Teaching Practices Commission 03 shall revoke for life the certificate of a person who has been convicted of a crime, or 04 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 05 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 06 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 07 offense described in this subsection. 08 * Sec. 10. AS 15.80 is amended by adding a new section to read: 09 Sec. 15.80.009. Deepfakes in electioneering communications. (a) A person 10 may not knowingly use a deepfake in an electioneering communication with the intent 11 to influence an election. 12 (b) An individual who is harmed by an electioneering communication that 13 violates this section may bring an action in the superior court to recover damages, full 14 reasonable attorney fees, and costs from 15 (1) the person who created the electioneering communication or 16 retained the services of another to create the electioneering communication; 17 (2) a person who disseminates an electioneering communication 18 knowing that the electioneering communication includes a deepfake; or 19 (3) a person who removes a disclosure statement described in (d) of 20 this section from an electioneering communication with the intent to influence an 21 election and knowing that the electioneering communication includes a deepfake. 22 (c) An individual who is harmed by an electioneering communication that 23 violates this section may seek injunctive relief in the superior court to prohibit 24 publication of the deepfake. 25 (d) It is a defense to an action under this section that the electioneering 26 communication included the following disclosure statement: "This 27 (image/video/audio) has been manipulated." and 28 (1) for visual media that included other text, the text of the disclosure 29 statement remained visible throughout the entirety of the communication, was easily 30 readable by the average viewer, and was in a font not smaller than the largest font size 31 of any other text that appeared in the visual component;
01 (2) for visual media that did not include any other text, the disclosure 02 statement was in a font size that was easily readable by the average viewer; 03 (3) for a communication that consisted of only audio, the disclosure 04 statement was read 05 (A) at the beginning of the audio, at the end of the audio, and, 06 if the audio was longer than two minutes in duration, at intervals interspersed 07 within the audio that occurred at least once every two minutes; and 08 (B) in a clear manner and in a pitch that was easily heard by the 09 average listener. 10 (e) An interactive computer service, Internet service provider, cloud service 11 provider, telecommunications network, or radio or television broadcaster, including a 12 cable or satellite television operator, programmer, or producer, is not liable under this 13 section for hosting, publishing, or distributing an electioneering communication 14 provided by another person. This subsection does not prevent an individual from 15 bringing an action under (b)(3) of this section for removing a disclosure statement. 16 (f) In this section, 17 (1) "access software provider" means a provider of client, server, or 18 other software or enabling tools that 19 (A) filter, screen, allow, or disallow content; 20 (B) pick, choose, analyze, or digest content; or 21 (C) transmit, receive, display, forward, cache, search, subset, 22 organize, reorganize, or translate content; 23 (2) "artificial intelligence" means a machine-based system that, for 24 explicit or implicit objectives, infers, from the input the system receives, how to 25 generate outputs, including predictions, content, recommendations, and decisions that 26 can influence physical or virtual environments, with different artificial intelligence 27 systems varying in levels of autonomy and adaptiveness after deployment; 28 (3) "deepfake" means any visual or audio media that is created, altered, 29 or otherwise manipulated by artificial intelligence in a manner that 30 (A) to a reasonable observer, appears to be an authentic record 31 of an individual's actual speech, conduct, or likeness; and
01 (B) conveys a fundamentally different understanding or 02 impression of the individual's appearance, action, or speech than a reasonable 03 person would have from the unaltered, original version of the individual's 04 appearance, action, or speech; 05 (4) "electioneering communication" means a communication that 06 (A) directly or indirectly identifies a candidate or political 07 party; 08 (B) is disseminated through a mailing, a newspaper, the 09 Internet, or broadcast media, including radio, television, cable, or satellite, to 10 an audience that includes voters who will have the opportunity to vote on a 11 candidate identified in the communication or on a candidate of a party 12 identified in the communication; and 13 (C) when read as a whole and with limited reference to outside 14 events, is susceptible of no other reasonable interpretation but as an 15 exhortation to vote for or against a specific candidate; 16 (5) "interactive computer service" means an information service, 17 system, or access software provider that provides or enables computer access by 18 multiple users to a computer server, including specifically a service or system that 19 provides access to the Internet and such systems operated or services offered by 20 libraries or educational institutions. 21 * Sec. 11. AS 28.15.046(c) is amended to read: 22 (c) The department may not issue a license under this section to an applicant 23 (1) who has been convicted of any of the following offenses: 24 (A) a violation, or an attempt, solicitation, or conspiracy to 25 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 26 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 27 (B) a felony violation of endangering the welfare of a child in 28 the first degree under AS 11.51.100; 29 (C) felony indecent viewing or production of a picture under 30 AS 11.61.123; 31 (D) distribution of child pornography under AS 11.61.125;
01 (E) possession of child pornography under AS 11.61.127; 02 (F) distribution of indecent material to minors under 03 AS 11.61.128; 04 (G) felony prostitution under AS 11.66.100(e); 05 (H) sex trafficking in the first, second, or third degree under 06 AS 11.66.110 - 11.66.130; 07 (I) a felony involving distribution of a controlled substance 08 under AS 11.71 or imitation controlled substance under AS 11.73; 09 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 10 (K) distribution of generated obscene child sexual abuse 11 material under AS 11.61.121; 12 (L) possession of generated obscene child sexual abuse 13 material under AS 11.61.122; or 14 (2) who has been convicted of any of the following offenses and less 15 than two years have elapsed since the applicant's date of conviction for the offense: 16 (A) assault in the fourth degree under AS 11.41.230; 17 (B) reckless endangerment under AS 11.41.250; 18 (C) contributing to the delinquency of a minor under 19 AS 11.51.130; 20 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 21 (E) a misdemeanor violation of endangering the welfare of a 22 child in the first degree under AS 11.51.100. 23 * Sec. 12. AS 44.23.080(a) is amended to read: 24 (a) If there is reasonable cause to believe that an Internet service account has 25 been used in connection with a violation of AS 11.41.452, 11.41.455, AS 11.61.121, 26 11.61.122, or 11.61.125 - 11.61.128 [OR AS 11.61.125 - 11.61.128], and that the 27 identity, address, and other information about the account owner will assist in 28 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 29 to the attorney general or the attorney general's designee for an administrative 30 subpoena to obtain the business records of the Internet service provider located inside 31 or outside of the state.
01 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. The following sections apply to offenses committed on or after the 04 effective date of this Act: 05 (1) AS 11.61.127(a), as amended by sec. 3 of this Act; 06 (2) AS 11.61.127(f), as amended by sec. 5 of this Act; 07 (3) AS 11.61.129(a), as amended by sec. 6 of this Act; 08 (4) AS 12.55.125(i), as amended by sec. 7 of this Act; 09 (5) AS 12.55.185(16), as amended by sec. 8 of this Act; and 10 (6) AS 14.20.030(b), as amended by sec. 9 of this Act.