Bill would restrict services that make realistic intimate images

Operators could not let users make realistic altered intimate images or make them for users. People also could not advertise or promote services that do this. The rules cover services that can make these images and their operators, as well as people who advertise or promote those services. The image must show a person who can reasonably be identified and depict an intimate part absent from the original image. The restriction would not apply when making the image requires the user's substantial human skill and judgment in directing, shaping, or controlling the result. The provisions would take effect 90 days after the act becomes law.

A person shown in an image made in violation of the rules could sue the responsible person or operator. The attorney general could also bring a case for the state. The person suing must be shown in an image made in violation of the rules. The attorney general may act when it appears that a person has violated them. A court could award compensatory damages, including for mental anguish or suffering, up to three times actual damages, punitive damages, an order to stop the conduct, legal fees, and other fair relief. A violator could face a civil penalty of up to $500,000 for each unlawful access, download, or use of an image made in violation of the rules. The attorney general could seek penalties, restitution, profits, damages, and other court relief. These remedies would take effect 90 days after the act becomes law.

The state would place fines and civil penalties under the act, along with other money directed to the fund, in a separate fund for grants. Grants would support the direct needs of victims of sexual assault, domestic violence, and child abuse. The fund could support grants for the direct needs of victims of sexual assault, domestic violence, and child abuse, including direct aid, services, prevention programs, and support for direct service workers. Grant payments would require approval and certification by one of the named state officials, plus an audit and warrant from the state comptroller. Grants depend on money being available in the fund. The fund provisions would take effect 90 days after the act becomes law.