The Michigan House of Representatives passed legislation this week banning the nonconsensual creation and dissemination of sexual content generated by artificial intelligence. Backers of the proposal say it’s needed to protect individuals from potential abuse as AI image generators become more advanced.

Specifically, the bills passed Wednesday in the House establish criminal penalties and civil liabilities for creating and sharing “deepfake” images of an individual that are sexually explicit.

Deepfakes, under the bills’ definition, are videos, photos, images or audio recordings that are produced being “substantially dependent on technical means” and depict an individual who is identifiable by their likeness or personal information. Deepfakes are considered “so realistic that a reasonable person would believe it depicts speech or conduct of a depicted individual.”

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The rise of generative AI as a commonly accessible tool has led to numerous image generators being readily usable, some for free. While many popular image generators, like MidjourneyAI, have guidelines banning adult content, studies have found there are others that can create explicit content.

Under the bills, victims would be able to bring civil action against an individual who violates the ban, including for damages, injunctions and temporary restraining orders. Criminal penalties could include fines and potential jail time, ranging from up to a year to up to three years depending on if the individual spreading the images intends to profit off them, or harass or extort the victim.

Supporters of the proposal say as AI image generators improve, it’s necessary to ensure there are consequences for creating and spreading nonconsensual deepfakes of sexual content.

“The passage of this bill was a crucial step in the effort to protect the people of Michigan from the abusive and exploitative act of creating or sharing nonconsensual intimate deep fakes,” Rep. Penelope Tsernoglou, D-East Lansing, said in a statement.

“The vast majority of the victims who are depicted in nonconsensual intimate deep fakes are women, who across the country, have experienced mental distress, financial harms, and even suicide as a direct result of these false depictions.”

Both House Bill 5569, introduced by Tsernoglou, and House Bill 5570, introduced by Rep. Matthew Bierlein, R-Vassar, passed by 108-2 margins. They now advance to the Senate for consideration.

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

This article originally appeared on Detroit Free Press: ‘Deepfake’ sexual content targeted by bills passed by Michigan House