(a) A person commits the offense of unlawful distribution of nonconsensual synthetic sexual material if: (i) The person: (A) Knowingly, distributes, transmits or otherwise makes available synthetic sexual material that realistically depicts another identifiable person without that person's knowledge or consent; (B) At the time of the distribution or transmission, knows that the synthetic sexual material was created or altered without the knowledge or consent of the depicted person and under circumstances in which the depicted person had a reasonable expectation of privacy; and (C) The distribution of the synthetic sexual material causes harm to the depicted person or is intended to cause harm to the depicted person. (ii) The person promotes synthetic sexual material on an internet website, social media website or other digital platform knowing the character and content of the synthetic sexual material; or (iii) The person intentionally threatens to distribute synthetic sexual material that depicts a person's intimate parts exposed or engaged in sexual conduct without that person's consent and makes the threat to obtain a benefit in: (A) Return for not making the disclosure; or (B) Connection with the threatened disclosure. (b) It shall not be a defense to prosecution under this section that the person depicted in the synthetic sexual material: (i) Created or consented to the creation of the synthetic sexual material, unless the depicted person is the person who distributes, transmits or otherwise makes the material available for lawful purposes; or (ii) Voluntarily transmitted the synthetic sexual material to the defendant. (c) Unlawful distribution of synthetic sexual material is: (i) Except as provided in paragraph (ii) of this subsection, a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both; (ii) For a second or subsequent conviction under this section or of a substantially similar law of any other jurisdiction, a felony punishable by imprisonment for not more than twelve (12) years, a fine of not more than ten thousand dollars ($10,000.00), or both. (d) Nothing in this act shall be construed to impose liability on interactive computer services as defined in 47 U.S.C. 230(f)(2) or on information services or telecommunications services as defined in 47 U.S.C. 153 for content provided by another person.
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