MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representative Sanford
AN ACT TO CREATE NEW SECTION 97-13-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO DISSEMINATES A DEEP FAKE SHALL BE GUILTY OF A CRIME IF THE PERSON KNOWS OR HAD REASON TO KNOW THAT THE INFORMATION BEING DISSEMINATED IS A DEEP FAKE AND THE DISSEMINATION OCCURS WITHIN NINETY DAYS OF AN ELECTION, WAS DISSEMINATED WITHOUT THE CONSENT OF THE DEPICTED INDIVIDUAL, AND WAS DISSEMINATED WITH THE INTENT TO INJURE A CANDIDATE, INFLUENCE THE RESULT OF AN ELECTION OR DETER ANY PERSON FROM VOTING; TO PROVIDE DEFINITIONS; TO PROVIDE THE SENTENCING FOR THE CRIME; TO PROVIDE A CAUSE OF ACTION FOR INJUNCTIVE RELIEF IN CERTAIN SITUATIONS; TO PROVIDE DEFENSES TO THE CRIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-13-47, Mississippi Code of 1972:
97-13-47. (1) For purposes of this section, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Candidate" means an individual who seeks nomination or election to a federal, statewide, state district, legislative, judicial, county, county district or municipal office.
(b) "Deep fake" means any picture, video recording, sound recording, electronic image or any digital representation of speech or conduct that:
(i) A reasonable person would believe depicts the speech and/or conduct of an individual who did not engage in the speech and/or conduct as presented; and
(ii) The production was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate such an individual.
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct.
(d) "Disseminates" means transmitting a deep fake to another person through social media, electronic mail, video sharing services or any other physical or electronic method.
(2) A person who disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake shall be guilty of a crime and may be sentenced as provided in subsection (3) if that person knows or had reason to know that the information being disseminated is a deep fake and the dissemination:
(a) Occurs within ninety (90) days of an election;
(b) Was disseminated without the consent of the depicted individual; and
(c) Was disseminated with the intent to injure a candidate, influence the result of an election, or deter any person from voting.
(3) A person convicted under this section may be sentenced as follows:
(a) If the person commits the violation with the intent to cause violence, bodily harm or to deter any person from voting, or has been previously convicted under this section within the last five (5) years, the person may be sentenced to imprisonment for no more than five (5) years, or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(b) In all other cases, the person may be sentenced to imprisonment for not more than one (1) year, or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(4) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate this section or who is in the process of violating this section by the following:
(a) The Attorney General;
(b) A district attorney;
(c) The depicted individual;
(d) A candidate for nomination or election to a public office who is injured or likely to be injured by dissemination; or
(e) A political party whose nominee on the ballot would be injured or likely to be injured by the dissemination.
(5) Clear and prominent language displayed throughout the deep fake that informs the viewer of the deep fake that the depicted individual did not engage in the depicted speech and/or conduct shall be a defense to prosecution.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.