S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6775
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to unlawful dissemination  or
   publication  of  a  fabricated  photographic,  videographic,  or audio
   record
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 245.20 to
 read as follows:
 § 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTO-
            GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
   1.  A  PERSON  IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
 FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
 TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
 WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS, HE  OR  SHE  INTENTIONALLY
 CREATES  OR  CAUSES  TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
 PERSONS AND DISSEMINATES OR PUBLISHES SUCH  RECORD  OF  SUCH  PERSON  OR
 PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "IDENTIFIABLE"  SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
 IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
 DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
   (B)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "FABRICATED  RECORD"  SHALL MEAN A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS AND STABLE DIFFUSION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10778-02-3
              

 A. 6775                             2
 
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
   (C)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THIS TITLE.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD  BY  A  PERSON
 WHO  DID NOT CREATE THE FABRICATED RECORD, WHETHER OR NOT SUCH PERSON IS
 AWARE OF THE AUTHENTICITY OF THE RECORD;
   (B) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
 PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (C)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE  OF  POLITICAL  OR  SOCIAL  COMMENTARY,  PARODY,
 SATIRE,  OR  ARTISTIC  EXPRESSION  THAT IS NOT DISSEMINATED OR PUBLISHED
 WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (D) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  NEWS  REPORTING  WHERE THE RECORD IS NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (E) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  WHERE  THE PERSON REASONABLY BELIEVES THAT THE DISSEMINATION OR
 PUBLICATION OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM  SERI-
 OUS BODILY INJURY OR DEATH;
   (F)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE  PURPOSE  OF  HISTORICAL  REENACTMENT  OR  PRESERVATION,
 DIGITAL  RESTORATION  OR  PRESERVATION  OF  CULTURAL  HERITAGE WHERE THE
 RECORD IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO  MISREPRESENT
 ITS AUTHENTICITY;
   (G)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER  THAT
 SUCH  TRAINING  OR EDUCATION SHALL NOT INCLUDE THE TRAINING OR EDUCATION
 OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
   (H) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
   (I)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
 RESEARCH  OR  DEVELOPMENT  WHERE  THE  RECORD  IS  NOT  DISSEMINATED  OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
   (J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
 BY  AN  INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH  THE PLATFORM OR
 SERVICE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C § 230 CONFERS ON AN  INTERACTIVE  COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL  DISSEMINATION  OR  PUBLICATION OF A FABRICATED PHOTOGRAPHIC,
 VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS E FELONY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.