PART MM
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "artificial intelligence deceptive practices act".
   §  2.  This act enacts into law major components of legislation neces-
 sary to implement the artificial intelligence deceptive  practices  act.
 Each  component  is  wholly  contained  within  a  Subpart identified as
 Subparts A through C. The effective date for each  particular  provision
 contained  within  such Subpart is set forth in the last section of such
 Subpart. Any provision  in  any  section  contained  within  a  Subpart,
 including  the effective date of the Subpart, which makes a reference to
 a section "of this act", when used in connection  with  that  particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Subpart in which it is found. Section four  of  this  act
 sets forth the general effective date of this act.
 
SUBPART A
 
   Section  1.  Section  50 of the civil rights law is amended to read as
 follows:
   § 50. Right of privacy. A person, firm or corporation  that  uses  for
 advertising  purposes,  or for the purposes of trade, the name, portrait
 [or], picture, LIKENESS, OR VOICE of any living  person  without  having
 first obtained the written consent of such person, or if a minor of [his
 or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
   §  2. Section 51 of the civil rights law, as amended by chapter 674 of
 the laws of 1995, is amended to read as follows:
   § 51. Action for injunction and for damages. Any  person  whose  name,
 portrait,  picture,  LIKENESS  or  voice  is  used within this state for
 advertising purposes or for the purposes of trade  without  the  written
 consent  first  obtained  as  above  provided  may maintain an equitable
 action in the supreme court of this state against the  person,  firm  or
 corporation  so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
 NESS or voice, to prevent and restrain the use thereof; and may also sue
 and recover damages for any injuries sustained by reason of such use and
 if the defendant shall have knowingly used such person's name, portrait,
 picture, LIKENESS or voice in such manner as is forbidden or declared to
 be unlawful  by  section  fifty  of  this  article,  the  jury,  in  its
 discretion,  may  award exemplary damages. But nothing contained in this
 article shall be so construed as to prevent any person, firm  or  corpo-
 ration  from  selling  or otherwise transferring any material containing
 such name, portrait, picture, LIKENESS or voice in  whatever  medium  to
 any  user  of such name, portrait, picture, LIKENESS or voice, or to any
 third party for sale or transfer directly or indirectly to such a  user,
 for use in a manner lawful under this article; nothing contained in this
 article  shall  be so construed as to prevent any person, firm or corpo-
 ration, practicing the profession of photography, from exhibiting in  or
  about  [his  or  its]  THEIR establishment specimens of the work of such
 establishment, unless the same is continued  by  such  person,  firm  or
 corporation after written notice objecting thereto has been given by the
 person  portrayed;  and  nothing  contained  in this article shall be so
 construed as to prevent any person, firm or corporation from  using  the
 name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
 in  connection  with  the  goods,  wares  and  merchandise manufactured,
 produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
 THEY HAVE sold or disposed of with such name, portrait,  picture,  LIKE-
 NESS  or  voice  used  in  connection therewith; or from using the name,
 portrait, picture, LIKENESS or voice of any author, composer  or  artist
 in connection with [his] THEIR literary, musical or artistic productions
 which  [he  has] THEY HAVE sold or disposed of with such name, portrait,
 picture, LIKENESS or  voice  used  in  connection  therewith.    Nothing
 contained  in  this section shall be construed to prohibit the copyright
 owner of a sound recording from disposing of, dealing in,  licensing  or
 selling  that  sound recording to any party, if the right to dispose of,
 deal in, license or sell such sound  recording  has  been  conferred  by
 contract  or  other written document by such living person or the holder
 of such right. Nothing contained in  the  foregoing  sentence  shall  be
 deemed  to  abrogate or otherwise limit any rights or remedies otherwise
 conferred by federal law or state law.
   § 3. The opening paragraph of subdivision 1 and subdivisions 4  and  5
 of  section 52-b of the civil rights law, as added by chapter 109 of the
 laws of 2019, are amended and a new subdivision 11 is added to  read  as
 follows:
   Any  person  depicted  in  a  still or video image, INCLUDING AN IMAGE
 CREATED OR ALTERED BY DIGITIZATION, regardless of  whether  or  not  the
 original  still  or  video image was consensually obtained, shall have a
 cause of action against an individual who, for the purpose of harassing,
 annoying or alarming such person, disseminated or published, or  threat-
 ened  to  disseminate  or publish, such still or video image, where such
 image:
   4. Any person depicted in a still or video image, INCLUDING  AN  IMAGE
 CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
 intimate  part of such person, or such person engaging in sexual conduct
 as defined in subdivision ten of section 130.00 of the  penal  law  with
 another  person,  which is disseminated or published without the consent
 of such person and where such person had a reasonable  expectation  that
 the  image  would  remain  private,  may  maintain  an action or special
 proceeding for a court order to require any website that is  subject  to
 personal  jurisdiction  under subdivision five of this section to perma-
 nently remove such still or video image; any such  court  order  granted
 pursuant  to  this subdivision may direct removal only as to images that
 are reasonably within such website's control.
   5. a. Any website that hosts or transmits  a  still  or  video  image,
 INCLUDING  AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
 state, taken under circumstances where the person depicted had a reason-
 able expectation that the image would remain private, which depicts:
   (i) an unclothed or exposed  intimate  part,  as  defined  in  section
 245.15 of the penal law, of a resident of this state; or
   (ii) a resident of this state engaging in sexual conduct as defined in
 subdivision  ten of section 130.00 of the penal law with another person;
 and
   b. Such still or video image is  hosted  or  transmitted  without  the
 consent  of  such  resident  of this state, shall be subject to personal
 jurisdiction in a civil action in  this  state  to  the  maximum  extent
 permitted under the United States constitution and federal law.
   11.  FOR  PURPOSES  OF  THIS  SECTION, "DIGITIZATION" MEANS THE USE OF
 SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
 TER-GENERATED OR TECHNOLOGICAL  MEANS,  INCLUDING  ADAPTING,  MODIFYING,
 MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   § 4. Paragraph  b of subdivision 1 of section 52-c of the civil rights
 law, as added by chapter 304 of the laws of 2020,  is amended to read as
 follows:
   b. "digitization" means to realistically depict the nude body parts of
 another  human  being as the nude body parts of the depicted individual,
 computer-generated nude body  parts  as  the  nude  body  parts  of  the
 depicted  individual  or  the  depicted  individual  engaging  in sexual
 conduct, as defined in subdivision ten of section 130.00  of  the  penal
 law,  in  which  the depicted individual did not engage.  "DIGITIZATION"
 MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
 GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
 ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   § 5. The civil rights law is amended by adding a new section  50-h  to
 read as follows:
   §  50-H.  PRIVATE RIGHT OF ACTION FOR FALSE LIGHT INVASION OF PRIVACY.
 1.  FOR THE PURPOSES OF THIS SECTION:
   A. "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE  PICTURE,  PORTRAIT
 OR VOICE APPEARS IN DIGITALLY-ALTERED MATERIAL IN A REALISTIC MANNER.
   B. "ACTOR" MEANS A HUMAN BEING OR A LEGAL ENTITY.
   C. "INDIVIDUAL" MEANS A NATURAL INDIVIDUAL.
   D. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFI-
 CIAL  INTELLIGENCE,  OR  ANY  OTHER  COMPUTER-GENERATED OR TECHNOLOGICAL
 MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A  REAL-
 ISTIC DEPICTION.
   E.  "DIGITALLY-ALTERED  MATERIAL"  MEANS  ANY  AUDIO  OR VISUAL MEDIA,
 INCLUDING ANY PHOTOGRAPH, FILM, VIDEOTAPE, AUDIO  RECORDING  OR  SIMILAR
 MEDIUM  THAT  HAS  BEEN  CREATED  OR ALTERED IN A REALISTIC MANNER USING
 DIGITIZATION.
  2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF  ACTION  AGAINST  AN
 ACTOR  WHO DISCLOSES, DISSEMINATES, OR PUBLISHES DIGITALLY-ALTERED MATE-
 RIAL THAT CONTAINS A FALSE STATEMENT OR REPRESENTATION WHICH PLACES SUCH
 INDIVIDUAL IN A FALSE LIGHT, IF:
   I. THE FALSE LIGHT IN WHICH THE DEPICTED INDIVIDUAL WAS  PLACED  WOULD
 BE HIGHLY OFFENSIVE TO A REASONABLE PERSON; AND
   II.  (A)  WHERE THE DEPICTED INDIVIDUAL IS A PRIVATE PERSON, THE ACTOR
 KNEW OR IN THE EXERCISE OF REASONABLE CARE  SHOULD  HAVE  KNOWN  OF  THE
 FALSITY  OF  SUCH  DIGITALLY-ALTERED MATERIAL; OR (B) WHERE THE DEPICTED
 INDIVIDUAL IS A PUBLIC FIGURE, THE ACTOR HAD KNOWLEDGE OF OR ACTED  WITH
 RECKLESS DISREGARD AS TO THE FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL.
   B.  IT  SHALL  NOT  BE  A DEFENSE TO AN ACTION UNDER THIS SECTION THAT
 THERE IS A DISCLAIMER THAT THE DIGITALLY-ALTERED  MATERIAL  THAT  PLACES
 THE  DEPICTED  INDIVIDUAL  IN A FALSE LIGHT WAS UNAUTHORIZED OR THAT THE
 DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION  OR  DEVELOPMENT
 OF THE DIGITALLY-ALTERED MATERIAL.
   3.  A  CAUSE OF ACTION UNDER THIS SECTION SHALL BE COMMENCED THE LATER
 OF EITHER:
   A. THREE YEARS AFTER THE DISCLOSURE, DISSEMINATION OR  PUBLICATION  OF
 THE  DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
 FALSE LIGHT;
    B. ONE YEAR FROM THE DATE A PERSON  DISCOVERS,  OR  REASONABLY  SHOULD
 HAVE  DISCOVERED,  THE  DISCLOSURE, DISSEMINATION OR PUBLICATION OF SUCH
 DIGITALLY-ALTERED MATERIAL THAT PLACES  THE  DEPICTED  INDIVIDUAL  IN  A
 FALSE LIGHT.
   4.  IN  ANY  ACTION  COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF
 FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE  DAMAGES,
 COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEYS' FEES.
   5.  NOTHING  IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
 COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE  ELEMENTS  OF  THE
 CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
   6.  THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
 TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
 IN LAW OR EQUITY.
   7. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
 OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE  COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   § 6. This act shall take effect immediately.
 
SUBPART B
 
   Section  1.  Section 10.00 of the penal law is amended by adding a new
 subdivision 23 to read as follows:
   23. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING,  ARTI-
 FICIAL  INTELLIGENCE,  OR  ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
 MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A  REAL-
 ISTIC DEPICTION.
   § 2. The penal law is amended by adding a new section 15.30 to read as
 follows:
 § 15.30 EFFECT OF USE OF DIGITIZATION UPON LIABILITY.
   A  PERSON IS NOT RELIEVED OF CRIMINAL LIABILITY FOR CONDUCT BECAUSE IT
 INVOLVES THE USE OF DIGITIZATION, REGARDLESS  OF  WHETHER  THE  MATERIAL
 CREATED  OR  ALTERED  BY  DIGITIZATION INDICATES THROUGH A LABEL OR SOME
 OTHER FORM OF INFORMATION PUBLISHED THAT DIGITIZATION WAS USED. EVIDENCE
 OF USE OF DIGITIZATION MAY BE OFFERED WHENEVER IT IS RELEVANT TO  ESTAB-
 LISH OR NEGATIVE THE CRIME CHARGED.
   §  3.  Section 245.15 of the penal law, as added by chapter 109 of the
 laws of 2019, subdivisions 1 and 2 as amended by chapter 513 of the laws
 of 2023, is amended to read as follows:
 § 245.15 Unlawful dissemination or publication of an intimate  image  OR
            AUDIO RECORD.
   1.  A  person is guilty of unlawful dissemination or publication of an
 intimate image OR AUDIO RECORD when:
   (a) (I) with intent to cause harm to the emotional, financial or phys-
 ical welfare  of  another  person,  they  intentionally  disseminate  or
 publish  a  still or video image depicting such other person with one or
 more intimate parts exposed or engaging in  OBSCENE  OR  sexual  conduct
 [with  another person], including an image created or altered by digiti-
 zation, where such person may reasonably be identified from the still or
 video image itself or from information displayed in connection with  the
 still or video image; and 
   [(b)]  (II)  the  actor  knew or reasonably should have known that the
 person depicted did not consent to such  dissemination  or  publication,
 including  the  dissemination  or publication of an image taken with the
 consent of the person depicted when such person had a reasonable  expec-
 tation  that  the  image would remain private, regardless of whether the
 actor was present when such image was taken[.]; OR
   (B) (I) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYS-
 ICAL WELFARE  OF  ANOTHER  PERSON,  THEY  INTENTIONALLY  DISSEMINATE  OR
 PUBLISH  AN  AUDIO RECORD DEPICTING SUCH OTHER PERSON ENGAGING IN SEXUAL
 OR OBSCENE CONDUCT, INCLUDING AN AUDIO  RECORD  CREATED  OR  ALTERED  BY
 DIGITIZATION,  WHERE  SUCH  PERSON MAY REASONABLY BE IDENTIFIED FROM THE
 AUDIO RECORD ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE
 AUDIO RECORD; AND
   (II) THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN  THAT  THE  PERSON
 DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING
 THE  DISSEMINATION  OR  PUBLICATION  OF  AN  AUDIO RECORD TAKEN WITH THE
 CONSENT OF THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE  EXPEC-
 TATION THAT THE AUDIO RECORD WOULD REMAIN PRIVATE, REGARDLESS OF WHETHER
 THE ACTOR WAS PRESENT WHEN SUCH AUDIO RECORD WAS TAKEN.
   2.  For  purposes  of  this section the following terms shall have the
 following meanings:
   (a) "intimate part" means the naked  genitals,  pubic  area,  anus  or
 female nipple of the person;
   (b) "disseminate" and "publish" shall have the same meaning as defined
 in section 250.40 of this title;
   (c)  "sexual conduct" shall have the same meaning as defined in subdi-
 vision ten of section 130.00 of this chapter; and
   (d) ["digitization" shall mean to alter an image in a realistic manner
 utilizing an image  or  images  of  a  person,  other  than  the  person
 depicted,  or  computer  generated images] "OBSCENE" SHALL HAVE THE SAME
 MEANING AS DEFINED IN SECTION 235.00 OF THIS PART.
   3. This section shall not apply to the following:
   (a) the reporting of unlawful conduct;
   (b) dissemination or publication of an intimate image OR AUDIO  RECORD
 made  during  lawful  and  common  practices  of  law enforcement, legal
 proceedings or medical treatment;
   (c) images AND AUDIO RECORDS involving voluntary exposure in a  public
 or commercial setting; or
   (d)  dissemination or publication of an intimate image OR AUDIO RECORD
 made for a legitimate public purpose.
   4. Nothing in this section shall be construed to limit, or to enlarge,
 the protections that 47 U.S.C § 230 confers on an  interactive  computer
 service for content provided by another information content provider, as
 such terms are defined in 47 U.S.C. § 230.
   Unlawful  dissemination  or  publication of an intimate image OR AUDIO
 RECORD is a class A misdemeanor.
   § 4. Section 135.60 of the penal law, as amended by section 1 of  part
 NN  of  chapter 55 of the laws of 2018, the opening paragraph as amended
 by chapter 484 of the laws of 2021, subdivision 10 as added  by  chapter
 447 of the laws of 2021, is amended to read as follows:
 § 135.60 Coercion in the third degree.
   A  person  is  guilty of coercion in the third degree when [he or she]
 SUCH PERSON compels or induces a person to engage in conduct  which  the
 latter has a legal right to abstain from engaging in, or to abstain from
 engaging  in conduct in which [he or she] SUCH LATTER PERSON has a legal
 right to engage, or compels or induces a person to join a group,  organ-
 ization  or  criminal enterprise which such latter person has a right to
 abstain from joining, or compels or induces a person to produce, dissem-
 inate, or otherwise display an  image  or  images  OR  AUDIO  RECORD  OR
 RECORDS  depicting  nudity  of  such  person [or], depicting such person
 engaged in sexual conduct as defined in subdivisions two  and  three  of
 section  235.20  of this chapter, OR DEPICTING SUCH OTHER PERSON ENGAGED
 IN CONDUCT THAT IS OBSCENE AS DEFINED IN SECTION 235.00  OF  THIS  PART,
 INCLUDING  WHEN  SUCH MATERIAL IS CREATED OR ALTERED BY DIGITIZATION, by
 means of instilling in [him or her] SUCH OTHER PERSON a  fear  that,  if
 the demand is not complied with, the actor or another will:
   1. Cause physical injury to a person; or
   2. Cause damage to property; or
   3. Engage in other conduct constituting a crime; or
   4.  Accuse  some  person  of  a  crime or cause criminal charges to be
 instituted against [him or her] SUCH PERSON; or
   5. Expose a secret or publicize an  asserted  fact,  whether  true  or
 false,  tending  to subject some person to hatred, contempt or ridicule;
 or
   6. Cause a strike, boycott or  other  collective  labor  group  action
 injurious to some person's business; except that such a threat shall not
 be deemed coercive when the act or omission compelled is for the benefit
 of the group in whose interest the actor purports to act; or
   7. Testify or provide information or withhold testimony or information
 with respect to another's legal claim or defense; or
   8.  Use  or  abuse  [his or her] THEIR position as a public servant by
 performing some act within or related to [his  or  her]  THEIR  official
 duties,  or  by failing or refusing to perform an official duty, in such
 manner as to affect some person adversely; or
   9. Perform any other act which would not in itself materially  benefit
 the actor but which is calculated to harm another person materially with
 respect to [his or her] THEIR health, safety, business, calling, career,
 financial condition, reputation or personal relationships.
   10.  Report  [his or her] THE PERSON'S immigration status or suspected
 immigration status.
   Coercion in the third degree is a class A misdemeanor.
   § 5. Section 190.25 of the penal law,  the  section  heading,  opening
 paragraph  and closing paragraph as amended by chapter 27 of the laws of
 1980, subdivisions 3 and 4 as amended and  subdivision  5  as  added  by
 chapter 739 of the laws of 2021, is amended to read as follows:
 § 190.25 Criminal impersonation in the second degree.
   A person is guilty of criminal impersonation in the second degree when
 [he] THE PERSON:
   1. Impersonates another and does an act in such assumed character with
 intent to obtain a benefit or to injure or defraud another; or
   2.  Pretends to be a representative of some person or organization and
 does an act in such pretended capacity with intent to obtain  a  benefit
 or to injure or defraud another; or
   3.  (a)  Pretends to be a public servant, or wears or displays without
 authority any uniform, badge, insignia or  facsimile  thereof  by  which
 such  public  servant is lawfully distinguished, or falsely expresses by
 [his] words or actions that [he] SUCH PERSON is a public servant  or  is
 acting  with approval or authority of a public agency or department; and
 (b) so acts with intent to induce another to submit  to  such  pretended
 official  authority,  to  solicit funds or to otherwise cause another to
 act in reliance upon that pretense; or
   4. Impersonates another by communication by internet website or  elec-
 tronic means with intent to obtain a benefit or injure or defraud anoth-
 er, or by such communication pretends to be a public servant in order to
 induce  another  to  submit to such authority or act in reliance on such
 pretense; or
   5.  Impersonates  another  person, without such other person's permis-
 sion, by using the other person's electronic signature  with  intent  to
 obtain  a  benefit  or  injure  or  defraud  the other person or another
 person. For the purposes of this subdivision, electronic signature shall
 have the same meaning as set forth in subdivision three of section three
 hundred two of the state technology law.
   AS USED IN THIS SECTION, "IMPERSONATE" AND  "PRETEND"  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
   Criminal impersonation in the second degree is a class A misdemeanor.
   §  6.  Section 190.26 of the penal law, as amended by chapter 2 of the
 laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
 2008, is amended to read as follows:
 § 190.26 Criminal impersonation in the first degree.
   A  person is guilty of criminal impersonation in the first degree when
 [he] THE PERSON:
   1. Pretends to be a police officer or a federal law enforcement  offi-
 cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
 wears or displays without authority, any uniform, badge or other  insig-
 nia  or  facsimile  thereof, by which such police officer or federal law
 enforcement officer is lawfully distinguished or expresses  by  [his  or
 her]  words  or  actions that [he or she] SUCH PERSON is acting with the
 approval or authority of any police department or acting  as  a  federal
 law  enforcement  officer  with  the approval of any agency that employs
 federal law enforcement officers as enumerated in section  2.15  of  the
 criminal procedure law; and
   2.  So  acts with intent to induce another to submit to such pretended
 official authority or otherwise to act in reliance  upon  said  pretense
 and in the course of such pretense commits or attempts to commit a felo-
 ny; or
   3.  Pretending to be a duly licensed physician or other person author-
 ized to issue a prescription for any drug or any  instrument  or  device
 used in the taking or administering of drugs for which a prescription is
 required by law, communicates to a pharmacist an oral prescription which
 is  required  to  be reduced to writing pursuant to section thirty-three
 hundred thirty-two of the public health law.
   AS USED IN THIS SECTION, "PRETEND" SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
   Criminal impersonation in the first degree is a class E felony.
   §  7.  The  opening  paragraph  of section 190.78 of the penal law, as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A person is guilty of identity theft in the third degree when  [he  or
 she]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person, INCLUDING  WITH  THE  USE  OF  DIGITIZATION,  by
 presenting  [himself  or  herself]  THEMSELF as that other person, or by
 acting as that other person or by using personal identifying information
 of that other person, and thereby:
   § 8. The opening paragraph of section 190.79  of  the  penal  law,  as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A  person  is guilty of [identify] IDENTITY theft in the second degree
 when [he or she] SUCH  PERSON  knowingly  and  with  intent  to  defraud
 assumes  the identity of another person, INCLUDING WITH THE USE OF DIGI-
  TIZATION, by presenting [himself or  herself]  THEMSELF  as  that  other
 person, or by acting as that other person or by using personal identify-
 ing information of that other person, and thereby:
   §  9.  The  opening  paragraph  of section 190.80 of the penal law, as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A person is guilty of identity theft in the first degree when  [he  or
 she]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person, INCLUDING  WITH  THE  USE  OF  DIGITIZATION,  by
 presenting  [himself  or  herself]  THEMSELF as that other person, or by
 acting as that other person or by using personal identifying information
 of that other person, and thereby:
   § 10. The opening paragraph of section 190.80-a of the penal  law,  as
 added by chapter 226 of the laws of 2008, is amended to read as follows:
   A  person is guilty of aggravated identity theft when [he or she] SUCH
 PERSON knowingly and with intent to  defraud  assumes  the  identity  of
 another  person,  INCLUDING  WITH THE USE OF DIGITIZATION, by presenting
 [himself or herself] THEMSELF as that other person, or by acting as that
 other person or by using personal identifying information of that  other
 person,  and knows that such person is a member of the armed forces, and
 knows that such member is presently deployed outside of the  continental
 United States and:
   §  11. The penal law is amended by adding a new section 245.20 to read
 as follows:
 § 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTO-
            GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
   1.  A  PERSON  IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
 FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
 TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
 WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS,  THE  ACTOR  INTENTIONALLY
 CREATES  OR  CAUSES  TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
 PERSONS AND DISSEMINATES OR PUBLISHES SUCH  RECORD  OF  SUCH  PERSON  OR
 PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "IDENTIFIABLE"  SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
 IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
 DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
   (B)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "FABRICATED  RECORD"  SHALL  MEAN  A  STILL IMAGE, VIDEO OR AUDIO RECORD
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH DIGITIZATION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
   (C)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THIS TITLE.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD  BY  A  PERSON
 WHO  DID NOT CREATE THE FABRICATED RECORD OR CAUSE THE FABRICATED RECORD
 TO BE CREATED, WHETHER OR NOT SUCH PERSON IS AWARE OF  THE  AUTHENTICITY
 OF THE RECORD;
   (B)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
 PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; 
   (C) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  POLITICAL  OR SOCIAL COMMENTARY, PARODY,
 SATIRE, OR ARTISTIC EXPRESSION THAT IS  NOT  DISSEMINATED  OR  PUBLISHED
 WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (D)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF  NEWS  REPORTING  WHERE  THE  RECORD  IS  NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (E)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE  DISSEMINATION  OR
 PUBLICATION  OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
 OUS BODILY INJURY OR DEATH;
   (F) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  HISTORICAL  REENACTMENT OR PRESERVATION,
 DIGITAL RESTORATION OR  PRESERVATION  OF  CULTURAL  HERITAGE  WHERE  THE
 RECORD  IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
 ITS AUTHENTICITY;
   (G) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
 SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING  OR  EDUCATION
 OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
   (H)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
   (I) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
 RESEARCH  OR  DEVELOPMENT  WHERE  THE  RECORD  IS  NOT  DISSEMINATED  OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
   (J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
 BY AN INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH  THE  PLATFORM  OR
 SERVICE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTOGRAPHIC,
 VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS A MISDEMEANOR.
   §  12. Section 263.10 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 263.10 Promoting an obscene sexual performance by a child.
   A person is guilty of promoting an obscene  sexual  performance  by  a
 child  when, knowing the character and content thereof, [he] SUCH PERSON
 produces, directs or promotes any  obscene  performance  which  includes
 sexual  conduct by a child less than seventeen years of age, INCLUDING A
 PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
   Promoting an obscene sexual performance by a child is a class D  felo-
 ny.
  §  13.  Section  263.11 of the penal law, as amended by chapter 456 of
 the laws of 2012, is amended to read as follows:
 § 263.11 Possessing an obscene sexual performance by a child.
   A person is guilty of possessing an obscene sexual  performance  by  a
 child  when, knowing the character and content thereof, [he] SUCH PERSON
 knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
 accesses with intent to view, any  obscene  performance  which  includes
 sexual  conduct  by  a child less than sixteen years of age, INCLUDING A
 PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
 
   Possessing an obscene sexual performance by a child is a class E felo-
 ny.
   §  14. Section 263.15 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 263.15 Promoting a sexual performance by a child.
   A person is guilty of promoting a sexual performance by a child  when,
 knowing  the  character  and content thereof, [he] SUCH PERSON produces,
 directs or promotes any performance which includes sexual conduct  by  a
 child  less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
 OR ALTERED BY DIGITIZATION.
   Promoting a sexual performance by a child is a class D felony.
   § 15. Section 263.16 of the penal law, as amended by  chapter  456  of
 the laws of 2012, is amended to read as follows:
 § 263.16 Possessing a sexual performance by a child.
   A person is guilty of possessing a sexual performance by a child when,
 knowing  the  character  and content thereof, [he] SUCH PERSON knowingly
 has in [his] SUCH PERSON'S possession or control, or knowingly  accesses
 with  intent to view, any performance which includes sexual conduct by a
 child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
 ALTERED BY DIGITIZATION.
   Possessing a sexual performance by a child is a class E felony.
   § 16. This act shall take effect on the ninetieth day after  it  shall
 have become a law.
 
                           
SUBPART C
   Section  1.  Section 14-106 of the election law is amended by adding a
 new subdivision 5 to read as follows:
   5. (A) FOR PURPOSES OF THIS SUBDIVISION:
   (I) "DIGITIZATION" MEANS USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL
 INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED  OR  TECHNOLOGICAL  MEANS,
 INCLUDING  ADAPTING,  MODIFYING,  MANIPULATING,  OR ALTERING A REALISTIC
 DEPICTION.
   (II) "DECEPTIVE MEDIA" MEANS  ANY  VIDEO  RECORDING,  MOTION  PICTURE,
 FILM,  AUDIO RECORDING, ELECTRONIC IMAGE, PHOTOGRAPH, TEXT, OR ANY TECH-
 NOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR PARTIALLY CREATED
 OR MODIFIED THROUGH DIGITIZATION THAT:
   (1) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY; AND
   (2)  DEPICTS  A  SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
 OR ORGANIZATION THAT WITH THE INTENT TO UNDULY INFLUENCE THE OUTCOME  OF
 AN ELECTION OR DECEIVE A VOTER, KNOWINGLY DISTRIBUTES OR PUBLISHES WITH-
 IN  SIXTY  DAYS  OF  AN  ELECTION  ANY  POLITICAL COMMUNICATION THAT WAS
 PRODUCED BY OR INCLUDES DIGITIZED DECEPTIVE MEDIA SHALL BE  REQUIRED  TO
 DISCLOSE THE USE OF SUCH DIGITIZATION. 
 (II)  (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
 AN APPROPRIATE LEGIBLE FONT SIZE CONSISTENT WITH OTHER TEXT APPEARING IN
 THE VISUAL MEDIA AND IN THE SAME LANGUAGE USED ON THE  COMMUNICATION  TO
 READ  AS  FOLLOWS:  "THIS  POLITICAL  COMMUNICATION WAS CREATED WITH THE
 ASSISTANCE OF DIGITIZATION".
   (2) FOR COMMUNICATION THAT IS AUDITORY, SUCH  AS  RADIO  OR  AUTOMATED
 TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
 AUDIO IN THE SAME LANGUAGE  USED  IN  THE  COMMUNICATION  SATISFIES  THE
 REQUIREMENTS OF CLAUSE ONE OF THIS SUBPARAGRAPH. 
 (III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
   (1) DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
   (2) DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF NEWS REPORTING; OR
   (3)  INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
 LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE.
(C)(I) A REGISTERED VOTER  MAY  SEEK  INJUNCTIVE  OR  OTHER  EQUITABLE
 RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION, OR BROADCASTING OF ANY
 DECEPTIVE  MEDIA  IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER THIS
 PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR ORDER TO  SHOW
 CAUSE IN THE SUPREME COURT WHERE THE VOTER RESIDES.
   (II) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN DECEPTIVE MEDIA IN
 VIOLATION  OF THIS SUBDIVISION MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUI-
 TABLE RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION  OR  BROADCASTING
 OF ANY DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER
 THIS  PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR AN ORDER
 TO SHOW CAUSE IN THE SUPREME COURT WHERE THE DECEPTIVE  MEDIA  AT  ISSUE
 COULD DECEIVE AND INFLUENCE ELECTORS IN AN UPCOMING ELECTION.
   (III)  THIS  PARAGRAPH  SHALL  NOT BE CONSTRUED TO LIMIT OR PRECLUDE A
 PLAINTIFF FROM PURSUING OR RECOVERING ANY OTHER AVAILABLE REMEDY.
§ 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  subpart  or  part  of this act shall be adjudged by any
 court of competent jurisdiction to be invalid, such judgment  shall  not
 affect,  impair,  or  invalidate  the  remainder  thereof,  but shall be
 confined in its operation to the clause, sentence,  paragraph,  subdivi-
 sion,  section, subpart or part thereof directly involved in the contro-
 versy in which such judgment shall have  been  rendered.  It  is  hereby
 declared  to  be  the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.