Under New Indiana Law Nonconsensual AI-Generated Fake Nudes are Illegal

It is frequently impossible to reverse the harm done by a single artificial intelligence-generated fake nude photo.

However, a new law that Governor Eric Holcomb approved earlier this month would serve as a deterrent and hold offenders accountable in the future.

The sharing of "intimate" photos created or edited by AI without authorization or disclosure is now considered a Class A misdemeanor, punishable by up to a year in jail and a $5,000 fine, according to a new provision in House Enrolled Act 1047.

The bill's sponsor, a Republican representative from Attica, Rep. Sharon Negele, stated in written remarks that "With the growing popularity of AI, creating and distributing malicious and exploitative images and videos of others is easier than ever."

Women are the Target

She said, "Women are the primary target of deepfake pornography [nonconsensual pornography], and up until now, they’ve had no recourse. And to make it worse, they can face years of embarrassment as the content is nearly impossible to remove from the web. That’s why I had to take action, and I’m incredibly grateful to see this legislation be signed into law.”

The law was endorsed by the Indiana Prosecuting Attorneys Council, which highlighted the necessity of taking action against the increasing number of AI fakes.

According to spokeswoman Whitney Riggs, the law "recognizes the impact of artificially created intimate images and provides a previously absent remedy for this destructive action.”

In an amendment to the measure, Senator Mike Bohacek, a Republican from Michigan Shores, stated that victims should pursue criminal charges as well as civil damages for the sharing of such pictures.

Artificial intelligence is not a novel concept, even though its use by the general population has recently increased. The technology was first developed in the 1950s.

Like any other technology, artificial intelligence (AI) grew over time to become a practical and accessible tool.

These days, social media deepfakes, such as the one featuring Pope Francis in a big, white puffer coat, obscene photographs of singer Taylor Swift, and the chatbot tool ChatGPT may be the main sources of its recognition.

Indiana Revenge Porn Attorney

According to Attorney Mark Nicholson, owner of the Law Office of Mark Nicholson and a prominent revenge porn Indiana attorney, there are three main reasons why AI technology is so popular at the moment in society: its media coverage, ease of use, and accessibility.

"My law firm has been using paid AI technology for several years. Now, everyone is aware of it. Even people who might not have known about it before are now exposed to it on a daily basis, and, most of all, with ChatGPT AI technology, it is free," he stated.

Due to the rapid advancement of AI, the need to employ and govern artificial intelligence has become an urgent matter for lawmakers throughout the country. They have felt the need to enact deepfake laws, according to Mark Nicholson, a lawyer skilled on Indiana revenge porn law.

If you have been the victim of revenge porn in Indiana, please contact the Law Office of Mark Nicholson at 317-667-0718.