1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Deepfake” means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.
   3. (3) “Influence” has the meaning stated in § 16-201 of this title.

2. (b) This section does not apply:

   1. (1) with respect to a deepfake that is satire or parody;

   2. (2) to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or an affiliate of the radio or television broadcasting station, that broadcasts a deceptive and fraudulent deepfake if:

      1. (i) the broadcast is required by the federal law that requires broadcasters to air advertisements from legally qualified candidates;
      2. (ii) the broadcast is part of a bona fide newscast, a news interview, a news documentary, or on-the-spot coverage of bona fide news events; or
      3. (iii) the broadcaster has been paid to broadcast the deepfake;
   3. (3) to a website or regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest and that publishes a deceptive and fraudulent deepfake; or
   4. (4) to any online publisher or service provider for acts that would be subject to immunity under 47 U.S.C. § 230.

3. (c) A person may not knowingly or with reckless disregard create, use, or disseminate a deepfake to produce materially false information if:

   1. (1) the person has the intent to use the deepfake to:

      1. (i) impede, influence, prevent, or attempt to impede, influence, or prevent a voter's decision to cast a ballot;
      2. (ii) misrepresent facts relating to voter registration, voting methods, election results, electoral processes, or official duties of an election official;
      3. (iii) induce or attempt to induce another individual to sign or not sign a petition for a question to appear on a ballot; or
      4. (iv) influence or attempt to influence a voter's decision whether to vote for or against a candidate or ballot issue; and
   2. (2) the creation, use, or dissemination of the deepfake results, or has the intent to result, in harm to a voter, potential voter, or petition.
4. (d) A person who violates subsection (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or imprisonment for not more than 5 years or both.

Added by Acts 2026, c. 444, § 1, eff. June 1, 2026.