California SB 926 (crime to create & share realistic fake nudes of real people)

California Criminalization of Distributing Deepfake Intimate Images (SB 926)
California · Cal. Penal Code 647 (SB 926, Stats. 2024)

Status
In effect
Took effect
January 1, 2025
Applies to
Persons 18 or older (the conduct is prohibited generally).
Enforced by
Local district attorneys and California prosecutors (criminal enforcement).

California extends its criminal ban on distributing private intimate images to cover digitally fabricated ones. It is now a crime for an adult to intentionally create and distribute a sexually explicit image of an identifiable person made to look authentic, when the distributor knows or should know it will cause that person serious emotional distress and the person in fact suffers that distress. This closes a gap that left realistic AI-generated fakes outside the existing intimate-image law.

Who is protected: Identifiable persons depicted in realistic, digitally created sexually explicit images distributed without consent.

Legal detail

SB 926 amended Cal. Penal Code 647 (disorderly conduct / intimate-image distribution) to criminalize intentionally creating and distributing a photorealistic, computer-generated, or otherwise digitally created sexually explicit image of an identifiable person, made to appear authentic, where the distributor knows or should know it will cause serious emotional distress and the depicted person suffers that distress.

Key facts

JurisdictionCalifornia
LevelState
StrengthLimited
EnactedSeptember 19, 2024
CitationCal. Penal Code 647 (SB 926, Stats. 2024)
Private right of actionNo, agency enforcement only
PenaltiesCarries the existing criminal misdemeanor penalties applicable to the underlying intimate-image distribution offense.
Topicsnon-consensual intimate imagery · AI-generated images
Bill textCalifornia SB 926 (2023-2024): Crimes: distribution of intimate images

More AI rules in California

Related non-consensual intimate imagery rules elsewhere

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