Deepfake pornography.

Assembly Members Bauer-Kahan and Berman propose expanding California's legal protections against non-consensual deepfake pornography by amending the state's civil code to address emerging digital manipulation technologies. The legislation creates new causes of action for individuals depicted in digitized sexually explicit material, particularly targeting services that create or facilitate the creation of such content without consent.

The bill establishes specific liability for operators of deepfake pornography services and their enablers, requiring service providers to cease operations within 30 days of receiving evidence of violations. Under the amended provisions, statutory damages increase to $50,000 for standard violations and $250,000 for malicious cases. Public prosecutors gain authority to pursue civil enforcement without proving actual harm to depicted individuals, with penalties of $25,000 per violation or $50,000 for malicious conduct.

The legislation defines consent as a knowing and voluntary written agreement that includes a description of the intended material, with a three-day rescission period unless additional safeguards are met. While the bill maintains exemptions for legitimate public interest content and legal proceedings, it explicitly states that general disclaimers about lack of consent or unauthorized use do not constitute valid defenses. Cases must be filed within three years of discovering unauthorized creation or disclosure, with remedies including monetary compensation, injunctive relief, and attorney fees.