Massachusetts Criminalization of Digitized/AI-Altered Intimate Images (Acts 2024, ch. 118; G.L. c. 265, Sec. 43A)
Massachusetts · Acts of 2024, ch. 118 (H.4744), amending G.L. c. 265, Sec. 43A
Massachusetts's 'An Act to Prevent Abuse and Exploitation' created a criminal offense for distributing nonconsensual intimate images and expressly extended it to 'visual material produced by digitization.' Digitization is defined to include creating or altering visual material — such as through computer-generated images — in a way that would falsely appear to a reasonable person to be an authentic depiction of the person shown. This brings AI-generated and digitally fabricated intimate images within the same prohibition that applies to real photos and videos.
Technical detail
Acts of 2024, ch. 118 (H.4744) amended G.L. c. 265, Sec. 43A to reach nonconsensual distribution of intimate 'visual material produced by digitization,' defining digitization to include computer-generated or altered images that would falsely appear authentic to a reasonable person.
Who is protected: Identifiable individuals depicted in nonconsensually distributed intimate images, including AI-generated or digitally altered ones.
Who must comply: Any person who distributes such intimate visual material in Massachusetts.
Key facts
| Jurisdiction | Massachusetts |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2024-09-18 |
| Enacted | 2024-06-20 |
| Citation | Acts of 2024, ch. 118 (H.4744), amending G.L. c. 265, Sec. 43A |
| Enforced by | Massachusetts district attorneys / Attorney General (criminal prosecution) |
| Private right of action | No — agency enforcement only |
| Penalties | Imprisonment for up to 2.5 years in a house of correction, a fine of up to $10,000, or both. |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes |
| Last verified | 2026-06-16 |
| Official source | Massachusetts Acts of 2024, Chapter 118 — An Act to Prevent Abuse and Exploitation (H.4744) ↗ |
More AI rules in Massachusetts
- Massachusetts AI-CSAM Criminalization Act (Senate) · Proposed / pending
- Massachusetts AI-CSAM Criminalization Act (House) · Proposed / pending
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- VA HB 2678 (2019, first deepfake-NCII criminal law) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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