Section 1.

Creates new GS 14-459, in Article 60 of Chapter 14, adding criminal and civil consequences for unlawful distribution of a deepfake. Defines a deepfake as an image or audio or video recording that has been created with the intent to deceive and that appears to depict a natural person speaking or acting in a manner that the person did not actually speak or act. Makes it unlawful for a person, without consent of the depicted individual, to knowingly create or solicit the creation of a deepfake with the intent to distribute a deepfake or to distribute a deepfake with the purpose of (1) harassing, extorting, threatening, or causing physical, emotional, reputational, or economic harm to an individual falsely depicted or (2) injuring a candidate for elected office or influencing an election. A violation of GS 14-459 is a Class 1 misdemeanor and a court can order the destruction of the deepfake. Any person aggrieved by a deepfake in violation of GS 14-459 has a civil cause of action against the creator, solicitor, or distributor of the deepfake and can recover actual damages of $1,000 each time the deepfake is redistributed, punitive damages, and attorney’s fees and litigation costs.

Effective December 1, 2025, and applies to offenses committed on or after that date.

Section 2.

Creates new GS 1-539.30, providing immunity for developers of artificial intelligence products for errors when the artificial intelligence product is being used by a learned professional providing professional services to a client. Provides definitions for the following terms: artificial intelligence product or AI product; client; developer; error; and learned professional. Effective December 1, 2025, and applies to acts or omissions occurring on or after that date.