In one paragraph
New York's A 1280 would add Penal Law § 245.20, making it a class E felony to intentionally create and then disseminate or publish, without consent and with intent to cause harm to the liberty or emotional, social, financial or physical welfare of an identifiable person, a fabricated photographic, videographic or audio record. Such a record would have to look indistinguishable from reality and be manipulated or artificial, including through AI such as deepfakes. Several exemptions apply, including parody, news reporting and platforms. Referred to Codes January 7, 2026; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, anyone creating and spreading harmful, non-consensual AI-fabricated media of a real person in New York would face a class E felony, with listed exemptions.
Key provisions
- Offense requires creating a fabricated record of an identifiable person with intent to harm and disseminating or publishing it without that person's consent
- A fabricated record must be visually or audibly indistinguishable from reality, manipulated or entirely artificial (including through AI such as "deepfakes, generative pre-trained transformers and stable diffusion") and depict a scenario that did not occur or was significantly altered
- Unlawful dissemination or publication of a fabricated record is a class E felony
- Exemptions include non-creators, law enforcement, legal and medical practice, commentary, parody and satire, news reporting, historical reenactment, education, memorializing the deceased, research, and initial platform dissemination
- Does not limit or enlarge 47 U.S.C. § 230 protections
- Would take effect on the 30th day after becoming law
Latest legislative action
Jan 7, 2026. referred to codes
Sponsors (showing 5 of 98)
| Name | Role |
|---|---|
| BRAUNSTEIN | Primary |
| Clyde Vanel D | Primary |
| Jonathan Rivera | Primary |
| MAGNARELLI | Primary |
| QUART | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error