HB1500: relative to prohibiting the unlawful distribution of misleading synthetic media.

HB 1500-FN - AS INTRODUCED

2024 SESSION

24-2743

09/05

HOUSE BILL 1500-FN

AN ACT relative to prohibiting the unlawful distribution of misleading synthetic media.

SPONSORS: Rep. Massimilla, Graf. 1; Rep. N. Murphy, Hills. 12; Rep. Gallager, Merr. 20; Rep. Wheeler, Hills. 33; Rep. Cormen, Graf. 15; Rep. H. Howard, Straf. 4; Rep. Brennan, Merr. 9; Rep. Carey, Merr. 1; Rep. Booras, Hills. 8; Sen. Soucy, Dist 18; Sen. Watters, Dist 4

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes the crimes of unlawful distribution of misleading synthetic media and unlawful distribution of election-related misleading synthetic media.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2743

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting the unlawful distribution of misleading synthetic media.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Criminal Code; Fraud; Unlawful Distribution of Misleading Synthetic Media. Amend RSA 638 by inserting after section 26 the following new section:

638:26-a Unlawful Distribution of Misleading Synthetic Media.

I. For the purpose of this section, "synthetic media" means any form of media including text, image, video, or sound, fully or partially created or modified through the use of artificial intelligence algorithms.

II. A person is guilty of unlawful distribution of misleading synthetic media if the person purposely distributes or makes publicly available within the state synthetic media purported to be of or by an identifiable person:

(a) Without the consent of the identifiable person;

(b) Without displaying a conspicuous notice within the synthetic media identifying the media as synthetic media; and

(c) With the intent of misleading others about the acts of the identifiable person.

III. A person is guilty of unlawful distribution of election-related misleading synthetic media if the person purposely distributes or makes publicly available within the state synthetic media purported to be of or by an identifiable person:

(a) Within 90 days of a state, county, or local election;

(b) Without the consent of the identifiable person;

(c) Without displaying a conspicuous notice within the synthetic media identifying the media as synthetic media; and

(d) With the intent to injure a candidate or influence the result of an election.

IV. Unlawful distribution of misleading synthetic media is a class A misdemeanor.

V. Unlawful distribution of election-related misleading synthetic media is:

(a) A class B felony where:

(1) A person is convicted of a second or subsequent offense of unlawful distribution of election-related synthetic media, based on a complaint which alleges that the person has one or more prior convictions for unlawful distribution of election-related misleading synthetic media in the previous 5 years.

(2) A person is convicted of election-related misleading synthetic media based on a complaint that alleges that the actor distributed the election-related misleading synthetic media with the further purpose to provoke violence.

(b) A class A misdemeanor in any other case.

2 Effective Date. This act shall take effect July 1, 2024.

LBA

24-2743

11/29/23

HB 1500-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to prohibiting the unlawful distribution of misleading synthetic media.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association