govt.fyi
Back to HB 1529
Arkansas General Assembly· HB 1529Notification that HB1529 is now Act 827

An act CONCERNING DEEPFAKE VISUAL MATERIAL OF A 13 SEXUAL NATURE, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H3/19/25 H4/7/25
2 95th General Assembly
                                  A Bill

3 Regular Session, 2025                                            HOUSE BILL 1529

4

5 By: Representatives S. Meeks, Achor, Barnes, Barnett, Beaty Jr., Beck, Bentley, Breaux, Brooks, K.

6 Brown, M. Brown, R. Burkes, Crawford, Eaves, Eubanks, Furman, Gramlich, Hollowell, Ladyman,

7 Lundstrum, Lynch, Maddox, J. Mayberry, McAlindon, McGrew, McGruder, B. McKenzie, Milligan, J.

8 Moore, Nazarenko, Painter, Pearce, Pilkington, Richmond, Rose, Rye, M. Shepherd, Underwood, Vaught

9 By: Senator C. Penzo

10

11                       For An Act To Be Entitled

12            AN ACT CONCERNING DEEPFAKE VISUAL MATERIAL OF A

13            SEXUAL NATURE; TO CREATE THE CRIMINAL OFFENSE OF

14            UNLAWFUL CREATION AND DISTRIBUTION OF DEEPFAKE VISUAL

15            MATERIAL; TO ESTABLISH A CAUSE OF ACTION FOR UNLAWFUL

16            CREATION OF DEEPFAKE VISUAL MATERIAL; AND FOR OTHER

17            PURPOSES.

18

19

20                                  Subtitle

21                       TO CREATE THE CRIMINAL OFFENSE OF

22                       UNLAWFUL CREATION OR DISTRIBUTION OF

23                       DEEPFAKE VISUAL MATERIAL; AND TO

24                       ESTABLISH A CAUSE OF ACTION FOR UNLAWFUL

25                       CREATION OF DEEPFAKE VISUAL MATERIAL.

26

27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

28

29  SECTION 1. Arkansas Code Title 5, Chapter 14, Subchapter 1, is amended

30 to add an additional section to read as follows:

31  5-14-139. Unlawful creation or distribution of deepfake visual

32 material.

33  (a) As used in this section:

34            (1) "Deepfake visual material" means a photograph, image, video,

35 or other visual depiction that:

36                       (A) Appears to an ordinary person to be an authentic

    *CEB051*                                                    04-07-2025 10:22:09 CEB051
    As Engrossed: H3/19/25 H4/7/25                                          HB1529

1 depiction of an identifiable person; and

2             (B) Is generated, modified, or adapted using technology to

3 falsely depict a person's appearance, voice, or conduct; and

4             (2) "Identifiable" means recognizable as a specific person by

5 the person's face, likeness, or other distinguishing characteristics.

6   (b) A person commits the offense of unlawful creation or distribution

7 of deepfake visual material if he or she, without consent of the person

8 depicted, knowingly creates or distributes deepfake visual material that

9 depicts another identifiable person:

10            (1) In a state of nudity such that an ordinary person viewing

11 the deepfake visual material would conclude that the depiction is of the

12 identifiable person in a state of nudity; or

13            (2) Engaging in sexual contact, sexual intercourse, deviate

14 sexual activity, or sexually explicit conduct such that an ordinary person

15 viewing the deepfake visual material would conclude that the depiction is of

16 the identifiable person engaging in sexual contact, sexual intercourse,

17 deviate sexual activity, or sexually explicit conduct.

18  (c) Unlawful creation or distribution of deepfake visual material is:

19            (1) For a first offense, a Class A misdemeanor; and

20            (2) For a second or subsequent offense, a Class D felony.

21  (d) This section does not apply to a provider of, or affiliates of a

22 provider of, a telecommunication service, information service, or cable

23 service, as defined in 47 U.S.C. � 153, for content provided by another

24 person.

25

26  SECTION 2. Arkansas Code Title 16, Chapter 118, is amended to add an

27 additional section to read as follows:

28  16-118-119. Civil action for unlawful creation of deepfake visual

29 material.

30  (a) The Attorney General may institute a civil action on behalf of the

31 state against a provider or developer of image generation technology that was

32 used to create deepfake visual material in violation of � 5-14-139 if:

33            (1) The deepfake visual material that was created in violation

34 of � 5-14-139 was generated substantially or in its entirety by a prompt-

35 based image generation technology; and

36            (2) The provider or developer of the image generation technology

                                    2            04-07-2025 10:22:09 CEB051
    As Engrossed: H3/19/25 H4/7/25                                        HB1529

1 did not have reasonable safeguards in place to protect against the generation

2 of deepfake visual material.

3   (b)(1) A person injured or damaged by reason of a violation of � 5-14-

4 139 may bring a civil action against a person or entity that:

5   (A) Is the provider or developer of the image generation

6 technology that was used to create the deepfake visual material; or

7   (B) Caused or was responsible for the creation of deepfake

8 visual material in violation of � 5-14-139.

9   (2) The court may award actual damages, compensatory damages,

10 punitive damages, injunctive relief, or any other appropriate relief.

11  (3) A prevailing plaintiff shall be awarded reasonable

12 attorney's fees and costs.

13

14                                  /s/S. Meeks

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

                                    3            04-07-2025 10:22:09 CEB051
Every fact on this page links to its source, starting with the official bill record.