Michigan criminalizes nonconsensual AI-generated intimate images

Michigan Governor Gretchen Whitmer signed legislation making it illegal to create or distribute AI-generated pornographic images depicting real people without their consent. The new laws, which took effect Tuesday, establish both criminal penalties and civil remedies for victims of nonconsensual intimate deepfakes, addressing a growing form of digital exploitation.

What you should know: The Protection from Intimate Deep Fakes Act and its companion bill specifically target AI-generated sexual imagery that falsely portrays identifiable individuals.

• House Bills 4047 and 4048 were sponsored by Representatives Matthew Bierlein (R-Vassar) and Penelope Tsernoglou (D-East Lansing).
• The legislation prohibits both the creation and distribution of deepfake sexual content involving specific people.
• Victims now have the option to pursue civil action in addition to criminal prosecution.

Criminal penalties: Michigan established a tiered punishment system based on the severity of the offense.

• Misdemeanor violations carry up to one year in jail and/or fines up to $3,000.
• Felony charges can result in up to three years in prison and/or fines up to $5,000.

The technology behind the problem: Deepfakes use artificial intelligence to create realistic but fabricated videos, images, or audio clips of events that never occurred.

• State officials report increasing use of this technology to create fake sexual content without consent.
• The AI-generated material appears authentic but depicts situations that did not actually happen.

What they’re saying: Lawmakers emphasized the legislation’s role in protecting citizens from technological exploitation.

• “Michigan is making it clear that non-consensual intimate deepfakes have no place in our state,” Bierlein said. “This law protects the dignity and privacy of every citizen and gives victims the tools they need to seek justice.”
• “Technology should be used to improve lives, not to exploit them — and today we’ve taken an important step to ensure that,” he added.

Why this matters: The legislation addresses a gap in existing laws as AI technology becomes more accessible and sophisticated, providing legal recourse for victims of a form of harassment that can cause lasting personal and professional damage.