A. A candidate for public office or political party office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of the person who is bringing the action was published. The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following:

1. 1. That a digital impersonation of the person was published to one or more other persons without the person's consent.

2. 2. That at the time of publication either of the following applies:

   1. (a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed.
   2. (b) It would not be obvious to a reasonable person that the recording or image was a digital impersonation.

E. The court shall rule on the motion for preliminary declaratory relief within two days after the date that the complaint and motion are received by the judicial officer who is assigned to the case, excluding Saturdays, Sundays and court holidays. Preliminary declaratory relief may be granted against a defendant who does not appear only if the plaintiff's complaint is verified and a declaration is filed that states why with the exercise of reasonable diligence the defendant could not be served. If the court grants preliminary declaratory relief against a defendant who does not appear, the order granting the relief must be filed promptly in the clerk's office and entered in the record and must state all of the following:

1. 1. The date and hour the order was issued.
2. 2. Why the order was issued without notice.
3. 3. The date and hour the order expires.
4. 4. Any additional information that the judicial officer believes is necessary or appropriate to effectuate the order.

F. Preliminary declaratory relief may be granted only if the plaintiff proves the elements of digital impersonation prescribed by subsection A of this section and at least one of the following additional elements:

1. 1. The person is a candidate for public office or political party office and an election is scheduled to be held for that public office or political party office within one hundred eighty days of the date that the relief is requested.
2. 2. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person.
3. 3. The digital impersonation depicts the person engaging in a criminal act.
4. 4. In the absence of preliminary declaratory relief, the person can be reasonably expected to suffer significant personal or financial hardship or loss of employment opportunities.
5. 5. In the absence of preliminary declaratory relief, the person's reputation will be irreparably harmed.

I. In addition to declaratory relief as prescribed in subsections A through F of this section, a plaintiff in an action for digital impersonation may obtain injunctive relief and damages only if the elements of digital impersonation prescribed in subsection A of this section and all of the following elements are proven:

1. 1. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person, appeals to prurient interests and offends local community standards.
2. 2. The plaintiff was not a public figure, including a limited public figure, at the time the cause of action accrued.
3. 3. The publication was made with actual knowledge that the recording or image was a digital impersonation or the publisher failed to take reasonable corrective action within twenty-one days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action includes removing or disabling access to the digital impersonation and publishing to the same audience a statement that the publication was a digital impersonation.

K. The standard of proof for actions prescribed by this section is:

1. 1. For preliminary declaratory relief, clear and convincing evidence.
2. 2. For injunctive relief and damages, clear and convincing evidence.
3. 3. For permanent declaratory relief, a preponderance of the evidence.

Q. For the purposes of this section:

1. 1. "Digital impersonation" means synthetic media, typically video, audio or still image, that meets all of the following requirements:

   1. (a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques.
   2. (b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic.
   3. (c) Would lead reasonable viewers or listeners to believe that it is a true and accurate depiction of the impersonated person's voice or likeness and is something the impersonated person said or did.
   4. (d) Is not commentary, parody, satire, criticism or artistic expression.
   5. (e) Was not created by the impersonated person or with the impersonated person's consent.
2. 2. "Election" means any election in this state, including a primary, presidential preference, special or general election.
3. 3. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.
4. 4. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
5. 5. "Political party office" means an office to which persons are elected within a political party.

6. 6. "Public office":

   1. (a) Means any office to which persons are elected by ballot at an election administered by this state or a political subdivision of this state.
   2. (b) Includes the office of President of the United States where a candidate's name or a candidate's political party appointees for elector will appear on the ballot in this state.