Deepfake technology and AI-generated pornography use artificial intelligence to create realistic but fake videos or images. These can place someone’s face or likeness into explicit content without their permission. When deepfakes involve minors or are shared as revenge porn, the effects can be especially harmful, damaging reputations, relationships, and lives. California has introduced new laws to address these issues, but the rules are still new and can be hard to understand.
If you’re dealing with charges or questions about deepfakes or AI pornography, it’s important to get help from a California criminal defense lawyer. Ridley Defense has the experience and knowledge to guide you through these new laws and protect your rights in this developing area of law. Contact Ridley Defense today for a free consultation on the first steps of your case.
What is California Penal Code 647(j)(4)?
If you've been accused of distributing deepfake revenge porn in California, Penal Code 647(j)(4) is the law involved. It makes it illegal to share sexually explicit images or videos of someone without their permission, including AI-made or deepfake content, if the intent is to cause emotional harm or distress. Even if the images are digitally created and not real, the law treats them the same as actual photos or videos.
Key points of Penal Code 647 relevant to AI deepfake revenge porn include:
- It is a crime to intentionally distribute intimate or sexually explicit material, real or fabricated, of another person without their permission, especially if the purpose is to harass, embarrass, or harm the victim.
- The law treats AI-generated and digitally manipulated images the same as genuine photos or videos.
- Consent and intent are central. Distributing altered images with the aim of causing distress or reputational damage is prosecutable regardless of whether the image depicts reality or was synthetically created.
Deepfakes and AI-Generated Content: Expanding the Definition of Revenge Porn
Deepfakes and AI-generated content have broadened what is considered revenge porn under the law. Traditionally, revenge porn involved sharing explicit images or videos without consent to harm someone’s reputation. Now, with AI technology, entirely fabricated but realistic-looking explicit content can be created and distributed, making it easier to harass, embarrass, or control victims.
Social Media Platform Responsibilities Under SB 981
These cases are becoming more common and complicated, especially as laws try to catch up with rapidly evolving technology. Under California’s SB 981, social media platforms have new responsibilities to address and remove non-consensual explicit content quickly. These duties include:
- Promptly removing reported deepfake or AI-generated pornographic content
- Providing clear reporting mechanisms for victims
- Protecting user privacy and preventing further sharing
- Cooperating with law enforcement investigations
Facing charges related to deepfakes and AI-generated pornography can happen faster than many realize, and these cases often involve complicated legal questions about technology, consent, and privacy. As the laws continue to evolve, misunderstandings or mistakes can have serious consequences. Protecting yourself begins with acting promptly and seeking the counsel of knowledgeable legal professionals. An experienced criminal defense team like Ridley Defense understands how to investigate the specifics of your case, challenge inaccurate evidence, and explain the nuances of these new laws.
Penalties for Violating California's Deepfake Laws
If you or someone you care about is facing charges under California’s deepfake and revenge porn laws, the consequences can be serious and far-reaching. These charges can affect your career, reputation, relationships, and even your freedom. California takes these offenses seriously, especially when they involve minors, non-consensual content, or intent to cause harm. Depending on the circumstances, penalties may include:
- Fines of up to $2,500 per violation for non-consensual deepfake distribution
- Up to one year in county jail for misdemeanor charges
- Felony charges in certain cases, especially involving minors or repeated offenses
- Sex offender registration, depending on the nature of the content and conviction
- Civil lawsuits from victims seeking damages
These cases can move quickly and carry lasting consequences. An experienced sex crimes attorney at Ridley Defense can help you understand the charges, protect your rights, and work to reduce the impact on your life. With the right legal guidance, it’s possible to find a path forward and defend your future.
Protecting Yourself from Deepfake Revenge Porn
Defending against these accusations involves examining the evidence, the technology used, the manner of distribution, and the context of intent. Since these cases often involve technical issues about how images were created or shared, experienced attorneys work with digital forensic experts and privacy law specialists to challenge evidence and intentions.
Some key defense strategies include:
- Demonstrating a lack of intent to harass, harm, or embarrass the alleged victim.
- Providing evidence that consent was given to create, possess, or share the material.
- Arguing mistaken identity or unauthorized access, showing someone else could have created or distributed the content.
- Challenging the authenticity or origin of the digital images, including whether they truly depict the alleged victim or whether they were fabricated by a third party.
- Exposing flaws or gaps in the prosecution’s evidence, such as improper handling of digital files.
- Highlighting First Amendment protections where applicable.
Because deepfake laws continue to evolve and prosecutors are especially vigilant when minors are involved, having an experienced child pornography defense attorney is more important than ever. Your lawyer’s understanding of both the technical and legal dimensions can make a significant difference in safeguarding your criminal record and reputation, particularly when the stakes include potential sex offender registration, loss of career opportunities, and social stigma.
Accused of Deepfake Distribution? Contact a California Criminal Defense Attorney
Being accused of creating or sharing deepfake or AI-generated explicit content is a serious matter that can quickly turn your life upside down. These charges are not only legally complex but also carry a strong social stigma that can affect your job, relationships, and future. That’s why it’s critical to have a legal team that not only understands the new laws surrounding deepfakes and revenge porn but also understands what’s at stake for you personally.
At Ridley Defense, our attorneys bring years of criminal defense experience and a thoughtful, strategic approach to every case. We know how to navigate the challenges of these emerging charges, protect your rights, and guide you through every step of the legal process. If you're facing these allegations, don’t wait to get the help you need. Contact Ridley Defense today.
