Senate Bill 649 Printer's Number 705

PENNSYLVANIA, April 29 - (1) A person who violates this section is guilty of a

misdemeanor of the first degree.

(2) A person who violates this section through

involvement in a scheme to defraud, coerce or commit theft of

monetary assets or property is guilty of a felony of the

third degree.

(c) Exceptions.--This section shall not apply to:

(1) an instance of satire, parody, commentary, criticism

or works that relate to a matter of public interest or have

political or newsworthy value; or

(2) a law enforcement officer engaged in the performance

of the law enforcement officer's official duties.

(d) Affirmative defense.--It is an affirmative defense to

prosecution that the defendant took reasonable action to place

viewers or listeners of the forged digital likeness on notice

that the forged digital likeness was not genuine.

(e) Construction.--This section shall not be construed to

restrict the ability of a person to detect, prevent, respond to

or protect against security incidents, identity theft, fraud,

harassment, malicious or deceptive activities or any illegal

activity, preserve the integrity or security of systems or

investigate, report or prosecute persons responsible for the

action.

(f) Definition.--As used in this section, the term "forged

digital likeness" means a computer-generated visual

representation of an actual and identifiable individual or audio

recording of an actual and identifiable individual's voice that:

(1) has been created, adapted or modified to closely

resemble a genuine visual representation or audio record of

the individual;

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