re: Louisiana man accused of creating sexual deepfakes of co-worker and showing them to her

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A. It shall be unlawful for any person, with the intent to coerce, harass, intimidate, or maliciously disseminate or sell any video or still image created by artificial intelligence that depicts another person who is totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, when the person disseminating the video or still image knows or has reason to know that the person is not licensed or authorized to disseminate or sell such video or still image.

B. The provisions of this Section shall not apply to an interactive computer service, electronic mail service provider, or a provider of a telecommunications service or any information service as defined in 47 U.S.C. 153, system, or access software provider that provides or enables computer access by multiple users to a computer server that was used by a person to commit any act prohibited by Subsection A of this Section.

C. For purposes of this Section, the following terms have the following meanings:

(1) "Another person" includes a person whose image was used in creating, adapting, or modifying a video or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic.

(2) "Artificial intelligence" means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(3) "Educator" means any administrator, coach, instructor, paraprofessional, student aide, teacher, or teacher aide at any public or nonpublic elementary school, secondary school, or high school in this state who is assigned, employed, or working at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis.

(4) "Electronic mail service provider" means any person or entity, including an internet service provider, that is an intermediary in sending or receiving electronic mail or that provides to end users of the electronic mail service the ability to send or receive electronic mail.

(5) "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.

(6) "Student" means any person who is under the age of seventeen years and is enrolled at any public or nonpublic elementary school, secondary school, or high school in this state.

D.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, whoever violates the provisions of this Section shall be imprisoned with or without hard labor for not more than one year, fined not more than one thousand dollars, or both.

(2) Whoever violates the provisions of this Section when the depicted person is under the age of seventeen years shall be imprisoned with or without hard labor for not more than five years. At least one year of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.

(3) If the offender is an educator and the victim is a student, the offender may be imprisoned for an additional two years with or without hard labor, to be served consecutively to the sentence imposed under this Section.

(4) If the offender is under the age of fourteen years, the disposition shall be governed exclusively by the provisions of Title VII of the Children's Code.

E. In addition to any venue provided by the Code of Criminal Procedure, a violation of this Section may be prosecuted in the parish where the unlawful act occurred or where any video or still image was created, produced, reproduced, found, stored, received, or possessed in violation of this Section.

F. The provisions of this Section shall not preclude a civil action or criminal prosecution under any other applicable provision of law.

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