AI Frontier Institute

Distribution Of Sensitive And Deepfake Images

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New Mexico House Bill 22 (2026) was introduced but not enacted. The record shows it was referred to HPREF, not printed, and postponed indefinitely. If enacted, it would amend Section 30-37A-1 NMSA 1978 so the crime of unauthorized distribution of sensitive images also covers "sensitive deepfake images". These are images, recordings or digital depictions created, altered or digitally manipulated to show a person with uncovered genitals (or an uncovered or sheer-clothing-visible female breast below the top of the areola) or engaging in an intimate act. It would also create a new crime of threatening to distribute sensitive or sensitive deepfake images, if done maliciously and with intent to harass, humiliate or intimidate, cause fear for safety, or cause substantial emotional distress. Unauthorized distribution would remain a misdemeanor, with a fourth degree felony on a second or later conviction. Threatening would be a petty misdemeanor, and a misdemeanor on a second or later conviction. The bill would keep the existing protections from liability for interactive computer services, information services and telecommunications providers for content provided by others. It would also protect those who disseminate content for a legitimate public purpose, such as news outlets. The bill would redefine "intimate act" in the section itself. Section 2 would add a new section to Chapter 41 NMSA 1978. It would let a person sue for libel, slander or invasion of privacy over publication of a sensitive deepfake image. Consent to creating the image alone would not establish consent to publishing it. Successful plaintiffs could recover actual damages plus any defendant's monetary gain, punitive damages, costs and attorney fees, and other relief. Victims of crimes under Subsection G of Section 30-6A-3 NMSA 1978 or Section 30-37A-1 NMSA 1978 would establish a prima facie case for intentional infliction of emotional distress by filing a district court petition, with similar recoverable damages.

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