TLDR: Michigan has taken a significant step to address the growing misuse of generative AI by passing a bipartisan bill that criminalizes the creation and distribution of non-consensual sexual deepfakes. The legislation, House Bill 4047 and its companion HB 4048, establishes both criminal penalties, ranging from misdemeanors to felonies, and civil provisions allowing victims to seek damages and restraining orders. The bill has passed both the House and Senate and now awaits the Governor’s signature.
LANSING, MI – Michigan is poised to enact comprehensive legislation targeting the creation and distribution of non-consensual sexual deepfakes, a move that addresses escalating concerns over the malicious application of artificial intelligence technology. House Bill 4047, along with its tie-barred companion House Bill 4048, received unanimous bipartisan support in the state Senate on August 13, 2025, following its earlier approval by the House. The package now awaits the signature of Governor Gretchen Whitmer to become law.
The legislation defines sexual deepfakes as realistic but fabricated images, videos, or audio clips that depict identifiable individuals in intimate or sexual contexts without their explicit consent. Experts have highlighted that these AI-generated materials are frequently used maliciously, primarily targeting women and girls, and can inflict severe emotional, reputational, and financial harm, potentially leading to job loss, revoked scholarships, and damaged relationships.
Under the new bill, offenders face significant penalties. A first offense for creating or disseminating a sexual deepfake is classified as a misdemeanor, punishable by up to one year in jail, a maximum fine of $3,000, or both. Subsequent offenses, or cases involving aggravating factors such as financial loss to the victim, intent to profit, prior convictions, or operating a website/app for such content, can be elevated to felonies. These felony charges carry penalties of up to three years in prison and/or a $5,000 fine.
Beyond criminal repercussions, the legislation also includes robust civil provisions. Victims will be empowered to file lawsuits against creators or distributors who knowingly produced or shared such content, or who acted with harmful intent. These civil actions can seek both economic and non-economic damages, and courts can issue restraining orders and impose daily fines for violations. Crucially, the bill stipulates that written consent is mandatory for the legal use of intimate depictions, and without such an agreement, consent cannot be used as a defense.
The bipartisan nature of the bill’s passage, with the House voting 104-1 and the Senate unanimously (32-0), underscores the widespread recognition of the urgent need to address this emerging threat. The bill was originally introduced by Representative Matt Bierlien, R-District 97, and garnered support from 35 co-sponsors, including 30 Democrats and five Republicans.
Also Read:
- Iowa Officials and NCMEC Issue Urgent Warning on Surging Deepfake Abuse Among Students
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To ensure a balanced approach, the legislation includes exemptions for certain uses, such as legal proceedings and medical treatment. Additionally, it provides immunity to internet service providers that unknowingly host such content, a key amendment made during its passage through the Senate. This comprehensive legal framework positions Michigan at the forefront of states combating the misuse of generative AI, complementing other efforts to regulate deepfake technology, including political deepfakes and potential age verification measures for online adult content.
