AB 621: Deepfake pornography.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law grants to a depicted individual a cause of action against a person who creates and intentionally discloses sexually explicit material if the person knows, or reasonably should have known, that the depicted individual in that material did not consent to its creation or disclosure or who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual in that material did not consent to the creation of the sexually explicit material. Existing law defines “sexually explicit material” for purposes of that provision to mean any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct and defines “depicted individual” to mean an individual who appears, as a result of digitization, to be giving a performance the individual did not actually perform or to be performing in an altered depiction. Existing law authorizes a plaintiff to recover, among other relief, statutory damages of not less than $1,500 but not more than $30,000, or $150,000 for a malicious violation, as prescribed.

This bill would revise and recast the provision described above to additionally grant to a depicted individual a cause of action against a person who knows, or reasonably should know, that the depicted individual was a minor when the digitized sexually explicit material was created and would additionally grant a cause of action to that depicted individual against a person who knowingly facilitates or recklessly aids or abets conduct prohibited by that provision. The bill would define “digitized sexually explicit material” to mean any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.

This bill would make a person that provides a service that enables the ongoing operation of a deepfake pornography service presumed to be engaged in knowing facilitation or reckless aiding or abetting, as described above, if a depicted individual or public prosecutor provides the person with evidence sufficient to demonstrate that the person is providing services that enable the ongoing operation of a deepfake pornography service that engages in conduct described in the provisions described above, and the person fails to take all necessary steps to stop providing services that enable the ongoing operation of a deepfake pornography service within 30 days of receiving that evidence, as specified. This bill would increase the maximum statutory damages available to a depicted individual to $50,000 if the violation was not malicious and $250,000 for a malicious violation and would authorize certain public attorneys to bring a civil action to enforce these provisions, as specified.

Sponsors

Sponsors by party (alphabetical): Democratic 8 · Republican 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 13, 2025Chaptered by Secretary of State - Chapter 673, Statutes of 2025.
2. October 13, 2025Approved by the Governor.
3. September 22, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 10, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3225.).
5. September 9, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 9, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2656.).
7. September 8, 2025Read second time. Ordered to third reading.
8. September 5, 2025Read third time and amended. Ordered to second reading.
9. August 29, 2025From committee: Do pass. (Ayes 7. Noes 0.) (August 29).
10. August 29, 2025Read second time. Ordered to third reading.
11. August 18, 2025In committee: Referred to suspense file.
12. July 16, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 15). Re-referred to Com. on APPR.