MA Digitized Intimate-Images Law (deepfake NCII)

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

Status
In effect
Took effect
September 18, 2024
Applies to
Any person who distributes such intimate visual material in Massachusetts.
Enforced by
Massachusetts district attorneys / Attorney General (criminal prosecution)

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.

Who is protected: Identifiable individuals depicted in nonconsensually distributed intimate images, including AI-generated or digitally altered ones.

Legal 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.

Key facts

JurisdictionMassachusetts
LevelState
StrengthLimited
EnactedJune 20, 2024
CitationActs of 2024, ch. 118 (H.4744), amending G.L. c. 265, Sec. 43A
Private right of actionNo, agency enforcement only
PenaltiesImprisonment for up to 2.5 years in a house of correction, a fine of up to $10,000, or both.
Topicsnon-consensual intimate imagery · AI-generated images · deepfakes
Bill textMassachusetts Acts of 2024, Chapter 118 — An Act to Prevent Abuse and Exploitation (H.4744)

More AI rules in Massachusetts

Related non-consensual intimate imagery rules elsewhere

See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.