ARTIFICIAL INTELLIGENCE ACCOUNTABILITY ACT

HB0141

HOUSE BILL 141

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Linda Serrato

AN ACT

RELATING TO DIGITAL TECHNOLOGY; ENACTING THE ARTIFICIAL
INTELLIGENCE ACCOUNTABILITY ACT; MANDATING PROVISION OF TOOLS
FOR DISCLOSURE OF SYNTHETIC CONTENT; REQUIRING LATENT
IDENTIFICATION OF SYNTHETIC CONTENT; PROHIBITING DISSEMINATION
OF DECEPTIVE SYNTHETIC CONTENT; PROVIDING FOR CIVIL
INVESTIGATION AND ENFORCEMENT; ESTABLISHING CIVIL AND CRIMINAL
LIABILITY; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--Sections 1
through 9 of this act may be cited as the "Artificial
Intelligence Accountability Act".

SECTION 2.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Artificial Intelligence Accountability Act:

A. "artificial intelligence" means an engineered or
machine-based system that varies in its level of autonomy and
that can, for explicit or implicit objectives, infer from the
input that it receives how to generate outputs that can
influence physical or virtual environments;

B. "capture device" means a device that can record
photographs, audio or video content, including video and still
photography cameras, mobile phones with built-in cameras or
microphones and voice recorders;

C. "capture device manufacturer" means a person
that produces a capture device for sale in the state; provided
that "capture device manufacturer" does not include a person
exclusively engaged in the assembly of a capture device;

D. "covered provider" means a person that provides
a consumer-facing online service, application programming
interface, website or mobile application that allows users to
generate or substantially modify content, including images,
audio, video or any combination of those, with a generative
artificial intelligence system and that has more than two
million active monthly users within the United States and is
publicly accessible within the geographic boundaries of the
state;

E. "deceptive synthetic content" means synthetic
content that:

(1) realistically depicts conduct that the
depicted person did not engage in;

(2) makes the depicted person identifiable;

(3) was disseminated without the consent of
the depicted person; and

(4) would be believed to be authentic by a
reasonable person;

F. "depicted person" means a natural person
depicted in synthetic content;

G. "digital signature" means a cryptography-based
method that identifies the user or entity that attests to the
information provided in the signed section;

H. "dissemination" means an act of sharing,
including:

(1) posting or uploading content to a public
or semi-public platform or service;

(2) distributing, sending or sharing content
with one or more persons via electronic, digital or physical
means; or

(3) otherwise making content accessible to
others in a manner reasonably expected to cause it to be
viewed, accessed or received;

I. "established standards-setting body" means an
organization, institution, governmental agency or other person
that is widely accepted commercially and advances measurement
science, technical standards and technology;

J. "generative artificial intelligence system"
means an artificial intelligence that can generate derived
synthetic content, including text, images, video and audio,
that emulates the structure and characteristics of the system's
training data;

K. "large online platform" means a public-facing
social media platform, file-sharing platform, mass messaging
platform or stand-alone search engine that disseminates
synthetic content to users and has more than two million active
monthly users within the United States; provided that "large
online platform" does not include a broadband internet access
service or a telecommunications service as defined under
federal law;

L. "latent" means present but not manifest;

M. "manifest" means easily perceived, understood or
recognized by a person;

N. "metadata" means structural or descriptive
information about data;

O. "personal information" means information that
identifies, relates to, describes or is reasonably capable of
being associated with an identifiable person;

P. "personal provenance data" means provenance data
that does not include information contained within a digital
signature and that either contains:

(1) personal information; or

(2) unique device, system or service
information reasonably capable of being associated with a
particular user;

Q. "provenance data" means data embedded into
digital content or included in metadata to verify the content's
authenticity, origin or history of modification;

R. "synthetic content" means content that has been
produced or significantly modified by a generative artificial
intelligence system, including audio, visual or audiovisual
media that could reasonably be perceived as authentic; and

S. "system provenance data" means provenance data
that is not reasonably capable of being associated with a
natural person and that describes:

(1) the type of device, system or service used
to generate or modify content; and

(2) the date of public dissemination and the
platform on which dissemination occurred.

SECTION 3.
[
NEW MATERIAL
] GENERATIVE ARTIFICIAL
INTELLIGENCE SYSTEM USE--DISCLOSURE REQUIREMENTS FOR COVERED
PROVIDERS.--

A. A covered provider shall offer a user the option
to include a manifest disclosure in synthetic content created
or altered by the covered provider's generative artificial
intelligence system that:

(1) identifies the content as generated by
artificial intelligence;

(2) is clear, conspicuous, appropriate for the
medium and understandable to a reasonable person; and

(3) is permanent or extraordinarily difficult
to remove, to the extent technically feasible.

B. A covered provider shall include a latent
disclosure in synthetic content created or altered by the
covered provider's generative artificial intelligence system
that:

(1) conveys, to the extent technically
feasible:

(a) the name of the covered provider;

(b) the name and version of the
generative artificial intelligence system;

(c) the date and time of creation or
alteration; and

(d) a unique identifier for the content;

(2) is detectable by a provenance detection
tool;

(3) complies with provenance standards
accepted by an established standards-setting body; and

(4) is permanent or extraordinarily difficult
to remove.

C. A covered provider licensing the covered
provider's generative artificial intelligence system to a third
party shall require, by contract, continued compliance with
this section and shall revoke the license within ninety-six
hours of discovering material noncompliance.

SECTION 4.
[
NEW MATERIAL
] PROVENANCE DETECTION TOOL
REQUIREMENTS FOR COVERED PROVIDERS.--

A. A covered provider shall make available at no
cost a publicly accessible provenance detection tool that:

(1) allows users to read provenance data
embedded in content;

(2) reveals system provenance data only;

(3) does not reveal personal provenance data;

(4) supports uploads, uniform resource
locators and integration with application programming
interfaces; and

(5) complies with standards adopted by an
established standards-setting body.

B. A covered provider shall not retain content or
personal provenance data submitted to the tool longer than
reasonably necessary to comply with this section.

SECTION 5.

[NEW MATERIAL
] REQUIREMENTS FOR CAPTURE DEVICE
MANUFACTURERS.--

A. A capture device manufacturer shall, for a
capture device first produced for sale in the state on or after
January 1, 2028:

(1) embed a latent disclosure by default that
identifies the manufacturer, device model and version and date
and time of capture; and

(2) provide users the option to opt out of the
latent disclosure.

B. To the extent technically feasible, compliance
shall be aligned with standards accepted by an established
standards-setting body.

SECTION 6
. [
NEW MATERIAL
] REQUIREMENTS FOR LARGE ONLINE
PLATFORMS.--

A. A large online platform shall:

(1) detect system provenance data in
disseminated content;

(2) append the platform name and posting date
to system provenance data;

(3) provide a user interface that discloses
the available system provenance data;

(4) allow users to inspect, download or
otherwise access to system provenance data; and

(5) provide a user interface for requesting
that deceptive synthetic content be taken down and respond
within seventy-two hours to those requests.

B. A large online platform shall not strip system
provenance data or digital signatures that are compliant with
standards set by an established standards-setting body.

C. A large online platform shall not be deemed to
have knowingly disseminated deceptive synthetic content solely
by reason of hosting content if it in good faith preserves
provenance data, responds promptly to takedown requests and
does not materially amplify deceptive synthetic content after
receiving the request.

SECTION 7.
[
NEW MATERIAL
] INVESTIGATION AND ENFORCEMENT
BY THE ATTORNEY GENERAL--RULEMAKING.--

A. When there is reason to believe that a person
may be in possession, custody or control of a document or other
tangible object relevant to the subject matter of a civil
investigation by the attorney general of a probable violation
of the Artificial Intelligence Accountability Act, the attorney
general may, before initiating a civil proceeding, execute in
writing and cause to be served on the person a civil
investigative demand that requires the person to answer written
interrogatories under oath or to produce the document or object
for inspection and copying.

B. The civil investigative demand shall not be a
matter of public record and shall not be published by the
attorney general except by order of the court.

C. Each civil investigative demand shall:

(1) state the general subject matter of the
investigation;

(2) describe the classes of documentary
material to be produced with reasonable certainty;

(3) prescribe the date on which material is to
be produced, which shall not be less than ten days after the
date of service; and

(4) identify the member of the attorney
general's staff to whom the documentary material is to be
produced.

D. A civil investigative demand shall not:

(1) contain a requirement that would be
unreasonable or improper if contained in a subpoena duces tecum
issued by a court of this state;

(2) require the disclosure of testimony or
documentary material that would be privileged or that for any
other reason would not be required by a subpoena duces tecum
issued by a court of this state; or

(3) require the removal of any documentary
material from the custody of the person upon whom the demand is
served except in accordance with the provisions of Subsection F
of this section.

E. Service of the civil investigatory demand may be
made by:

(1) delivering a duly executed copy to the
person to be served, or if the person is not a natural person,
to the statutory agent for the person or to any officer of the
person;

(2) delivering a duly executed copy to the
principal place of business in this state of the person to be
served;

(3) mailing by registered or certified mail a
duly executed copy addressed to the person to be served at the
person's principal place of business in this state, or, if the
person has no place of business in this state, to the person's
principal office or place of business; or

(4) otherwise serving a duly executed copy in
the manner required for service of process in this state.

F. Documentary material shall be produced for
inspection and copying during normal business hours at the
principal office or place of business of the person served or
may be inspected and copied at other times and places as may be
agreed upon by the person served and the attorney general.

G. Documentary material or answers to
interrogatories produced pursuant to a civil investigatory
demand or copies of documentary material or answers shall not
be produced for inspection or copying by anyone other than an
authorized employee or agent of the attorney general unless
ordered by a court for good cause shown or upon agreement
between the person served and the attorney general, nor shall
the contents of the documentary material or answers be
disclosed to anyone other than an authorized employee or agent
of the attorney general or an authorized employee of a state or
federal law enforcement agency or in a court in an action
relating to a violation of state law.

H. At any time before the return date of the civil
investigatory demand, a petition to set aside the demand,
modify the demand or extend the return date may be filed in the
district court for Santa Fe county, and the court on a showing
of good cause may set aside the demand, modify the demand or
extend the return date of the demand.

I. After service of the civil investigative demand
on a person, if the person neglects or refuses to comply with
the demand, the attorney general may invoke the aid of the
court in the enforcement of the demand. In appropriate cases,
the court shall issue its order requiring the person to appear
and produce the documentary material required in the demand and
may, on failure of the person to comply with the order, punish
the person for contempt.

J. This section is not applicable to criminal
prosecutions.

K. Upon reasonable belief that there has been a
violation of the Artificial Intelligence Accountability Act,
the attorney general may bring an action in the name of the
state to enforce the provisions of that act.

L. A person who violates the provisions of the
Artificial Intelligence Accountability Act is liable for a
civil penalty in the amount of fifteen thousand dollars
($15,000) per violation, to be collected in a civil action
filed by the attorney general on behalf of the state. In an
action brought pursuant to the Artificial Intelligence
Accountability Act, the attorney general shall be entitled to
all reasonable attorney costs and fees.

M. Each day that a covered provider, large online
platform or capture device manufacturer is in violation of the
Artificial Intelligence Accountability Act shall be deemed a
separate violation.

N. The attorney general may promulgate rules to
implement the provisions of the Artificial Intelligence
Accountability Act.

SECTION 8.
[
NEW MATERIAL
] DISSEMINATION OF DECEPTIVE
SYNTHETIC CONTENT--CIVIL LIABILITY.--

A. A person shall be civilly liable for the
dissemination of deceptive synthetic content when the person
knows or recklessly disregards that the dissemination is
reasonably likely to harass, entrap, defame, extort or
otherwise cause financial or reputational harm to the depicted
person.

B. A depicted person may request that a large
online platform take down the deceptive synthetic content using
the interface required pursuant to Section 6 of the Artificial
Intelligence Accountability Act.

C. A person who contends that there has been a
violation of the Artificial Intelligence Accountability Act has
the right to pursue a private right of action in the district
court. This remedy is not exclusive and is in addition to any
other remedies prescribed by law or available pursuant to
common law.

D. A prevailing plaintiff may recover attorney fees
and damages equal to the greater of one thousand dollars
($1,000) per view of or instance of interaction with the
deceptive synthetic content or actual damages.

E. It is not a defense that the generative
artificial intelligence system acted autonomously or that the
depicted person consented to the creation of the synthetic
content or to the nonpublic dissemination of the synthetic
content.

F. This section does not apply to the dissemination
of deceptive synthetic content if the dissemination is made as
part of lawful law enforcement activity; legal proceedings;
medical or mental health treatment; lawful sale of goods or
services with the commercially obtained full consent of the
depicted person; or satire, parody, criticism, commentary,
teaching, scholarship, research, education or news reporting
where a reasonable person would not believe the synthetic
content to accurately represent the depicted person's speech or
conduct.

G. In a civil action filed pursuant to this
section, the court may issue an order to protect the privacy of
the plaintiff, including protection by:

(1) allowing the plaintiff to use a pseudonym
in any documents filed in the action that will be publicly
available;

(2) requiring the parties to the action to
redact all of the plaintiff's personal identifying information
from any documents filed in the action that will be publicly
available or to file such documents under seal; or

(3) issuing a protective order for purposes of
discovery in the action, which may include an order indicating
that any intimate visual depiction or digital forgery shall
remain in the care, custody and control of the court.

SECTION 9.
[
NEW MATERIAL
] EXEMPTIONS.--The Artificial
Intelligence Accountability Act does not apply to a product,
service, internet website or application that provides
exclusively non-user-generated video game, television,
streaming, movie or interactive experiences.

SECTION 10.
A new section of Chapter 31, Article 18 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] USE OF GENERATIVE ARTIFICIAL
INTELLIGENCE--ALTERATION OF BASIC SENTENCE.--When a separate
finding of fact by the district court or a jury shows that a
generative artificial intelligence system was used to assist in
the commission of a noncapital felony, the basic sentence of
imprisonment prescribed for the offense in Section 31-18-15
NMSA 1978 shall be increased by one year and the sentence
imposed by this section shall be the first year served and
shall not be suspended or deferred."

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