Oregon Legislators Seek Stricter Penalties for A.I. Deepfake Pornography
SALEM, Ore. (KATU) — Oregon lawmakers are currently considering a bill designed to strengthen the state’s legal response to the harmful use of artificial intelligence in the creation of explicit images. The proposed legislation specifically targets the dissemination of pornographic or sexually explicit images created through AI, commonly referred to as deepfakes.
Currently, Oregon law makes it illegal to share explicit images of another person without their consent if the intent is to harass, humiliate, or injure them. The new bill expands this to encompass digitally created, manipulated, or altered intimate images. Thirty-one other states have already adopted similar legislation.
“Imagine your face placed onto the body of someone else made to look at you, made to look as though you are engaging in acts you never consented to,” said Rep. Annessa Hartman, a chief sponsor of the bill.
The proposed legislation seeks to reclassify the crime of unlawful dissemination of intimate images, upgrading it from a Class-A misdemeanor to a Class-C felony. Conviction could result in up to five years in prison and a $125,000 fine. For individuals with prior convictions, the crime escalates to a Class-B felony, with penalties of up to 10 years in prison and a $250,000 fine.
“When someone is taking an image and an innocent image and altering it in a way that is for sexual gratification, that that’s inappropriate and that is unacceptable,” said Hartman.
Additionally, the bill introduces a new second-degree offense for reckless behavior. This offense applies when an individual is aware of the harm but disregards the risk. It is classified as a Class-A misdemeanor, punishable by up to 364 days in jail and a $6,250 fine. Repeat offenders could face a Class-C felony charge.
During a recent public hearing on the bill, a lawyer raised concerns about this aspect, questioning whether the language clearly defines the intent to harass.
“It attaches a reckless mental state to a harassment type sort of crime, and usually harassment has the intentional mental state. I think for a reason because we don’t want to criminalize conduct regarding offensive conduct that’s merely based on the assumption that someone should have known better. So there’s just some tricky stuff there with that mental state being attached to this conduct,” said Mae Lee Browning with the Oregon Criminal Defense Lawyer Association.
The bill also aims to protect victims, allowing them to sue perpetrators for damages, including emotional distress and economic losses. The minimum statutory damages are set at $5,000 per offense, and courts can award punitive damages and attorney fees.
“In addition to attacking this, like banning it and making this illegal, we also must show that there are steps for victims to actually see that this will be worth finding legal recourse,” said Hartman.
The proposed law clarifies that it will not apply to law enforcement, legal proceedings, educational or medical purposes, or cases where images were lawfully made public.
In a public hearing on the bill, a Keizer woman shared her experience, recounting how she and her daughter were harassed by an individual posting images and AI-generated images without their consent. She described the harassment as ongoing for years, even as recently as last year.
“I was constantly looking up laws related to knowingly possessing child porn and bringing those back to the police department but once again there wasn’t enough for them to charge this individual. They consistently told me that the cyber laws just have not caught up with the internet,” said Kristi George.
Lawmakers from both sides of the aisle have expressed support for the bill. In a press release, Rep. Kevin Mannix (R), another chief sponsor, stated that these intimate deepfakes can cause significant harm.
“Victims report experiencing significant emotional consequences and trauma, as well as damage to their reputations and careers. The vast majority of the victims are women and children,” said Rep. Mannix.
In a separate press release, Rep. Hartman emphasized the widespread potential impact of such deepfakes.
“Imagine waking up to find that a fake, inappropriate image of you or your child was being shared across the internet,” said Rep. Hartman. “Imagine your colleagues, family, or even your children seeing it. The helplessness, the humiliation, and the violation that victims experience is beyond comprehension.”
The bill is currently under consideration by the House Committee on Judiciary for further discussion. Those interested in submitting written testimony have until 3:00 p.m. on Saturday to do so.
