DISTRIBUTION OF SENSITIVE AND DEEPFAKE IMAGES

HB0022

HOUSE BILL 22

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

INTRODUCED BY

Christine Chandler
and
Michelle Paulene Abeyta

and
Cynthia Borrego

AN ACT

RELATING TO INVASION OF PRIVACY; AMENDING SECTION 30-37A-1 NMSA
1978 (BEING LAWS 2015, CHAPTER 42, SECTION 1) TO PROVIDE THAT
THE CRIME OF UNAUTHORIZED DISTRIBUTION OF SENSITIVE IMAGES
INCLUDES THE DISTRIBUTION OF SENSITIVE DEEPFAKE IMAGES;
DEFINING "SENSITIVE DEEPFAKE IMAGE"; CREATING THE CRIME OF
THREATENING TO DISTRIBUTE SENSITIVE IMAGES AND PROVIDING
PENALTIES; ENACTING A NEW SECTION OF CHAPTER 41 NMSA 1978 TO
PROVIDE THAT A PERSON MAY MAINTAIN A CIVIL ACTION FOR LIBEL,
SLANDER OR INVASION OF PRIVACY BASED ON THE PUBLICATION OF
SENSITIVE DEEPFAKE IMAGES AND LIMITING CERTAIN DEFENSES AND
ALLOWING RECOVERY FOR CERTAIN TYPES OF DAMAGES; PROVIDING FOR
CLAIMS ARISING FROM CRIMES RELATED TO INVASION OF PRIVACY OR
THE DIGITAL EXPLOITATION OF CHILDREN AND ALLOWING RECOVERY FOR
CERTAIN TYPES OF DAMAGES.

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

SECTION 1.
Section 30-37A-1 NMSA 1978 (being Laws 2015,
Chapter 42, Section 1) is amended to read:

"30-37A-1. UNAUTHORIZED DISTRIBUTION OF SENSITIVE
IMAGES--PENALTIES.--

A. Unauthorized distribution of sensitive images
consists of distributing, publishing or otherwise making
available, by an electronic communications device or other
means, sensitive images
or sensitive deepfake images
of a
person, with or without information identifying that person,
without that person's consent:

(1) with the intent to:

(a) harass, humiliate or intimidate that
person;

(b) incite another to harass, humiliate
or intimidate that person;

(c) cause that person to reasonably fear
for that person's own or family members' safety;

(d) cause that person to suffer unwanted
physical contact or injury; or

(e) cause that person to suffer
substantial emotional distress; and

(2) where the conduct is such that it would
cause a reasonable person to suffer substantial emotional
distress.

B. Threatening to distribute sensitive images
consists of maliciously making a threat to a person to
distribute, publish or otherwise make available sensitive
images or sensitive deepfake images of the person with intent
to:

(1) harass, humiliate or intimidate that
person;

(2) cause that person to reasonably fear for
that person's own or family member's safety; or

(3) cause that person to suffer substantial
emotional distress.

[
B.
]
C.
For the purpose of this section:

(1) "electronic communications device" means a
computer, an internet web site or page, a video recorder, a
digital camera, a fax machine, a telephone, a cellular
telephone, a pager or any other device that can produce an
electronically generated image, message or signal;

(2) "information service" means a service
offering the capability of generating, acquiring, storing,
transforming, processing, publishing, retrieving, utilizing or
making available information;

(3) "interactive computer service" means any
information service, system or access software provider that
provides or enables computer access by multiple users;

(4) "intimate act" [
has the same meaning as
"sexual act", as that term is defined in Section 30-9-2 NMSA
1978
]
means sexual intercourse, cunnilingus, fellatio,
masturbation of another, anal intercourse, the causing of
penetration to any extent and with any object of the genital or
anal opening of another whether or not there is any emission or
the emission or display of bodily sexual fluid
;

(5) "sensitive images" means images,
photographs, videos or other likenesses depicting or simulating
an intimate act or depicting any portion of a person's
genitals, or of a woman's breast below the top of the areola,
that is either uncovered or visible through less-than-fully
opaque clothing, which images may reasonably be considered to
be private, intimate or inappropriate for distribution or
publication without that person's consent; [
and
]

(6) "sensitive deepfake image" means an image,
recording or other digital depiction or digital data capable of
conversion to an image, recording or other digital depiction of
a person that was created, altered or digitally manipulated to
depict a person:

(a) with uncovered genitals or, if the
person is a woman, a breast below the top of the areola that is
uncovered or visible through less-than-fully opaque clothing;
or

(b) engaging in an intimate act; and

[
(6)
]
(7)
"telecommunications provider" has
the same meaning as set forth in Section 63-7-23 NMSA 1978.

[
C.
]
D.
Whoever commits unauthorized distribution
of sensitive images is guilty of a misdemeanor. Upon a second
or subsequent conviction, the offender is guilty of a fourth
degree felony.

E. A person who commits threatening to distribute
sensitive images is guilty of a petty misdemeanor. Upon a
second or subsequent conviction, the offender is guilty of a
misdemeanor.

[
D.
]
F.
Nothing in this section shall be construed
to impose liability on:

(1) an interactive computer service, an
information service or a telecommunications provider for
content provided by another person; or

(2) a person who reproduces, distributes,
exhibits, publishes, transmits or otherwise disseminates
content in furtherance of a legitimate public purpose,
including the compilation or dissemination of news by
newspapers and licensed broadcasters."

SECTION 2.
A new section of Chapter 41 NMSA 1978 is
enacted to read:

"[
NEW MATERIAL
] CLAIMS ARISING FROM THE PUBLICATION OF
SENSITIVE DEEPFAKE IMAGES OR THE COMMISSION OF CERTAIN
CRIMES.--

A. As used in this section, "sensitive deepfake
image" means an image, recording or other digital depiction or
digital data capable of conversion to an image, recording or
other digital depiction of a person that was created, altered
or digitally manipulated to depict a person:

(1) with uncovered genitals or, if the person
is a woman, a breast below the top of the areola that is
uncovered or visible through less-than-fully opaque clothing;
or

(2) engaging in sexual intercourse,
cunnilingus, fellatio, masturbation of another, anal
intercourse, the causing of penetration to any extent and with
any object of the genital or anal opening of another whether or
not there is any emission or the emission or display of bodily
sexual fluid
.

B. A person may maintain a cause of action for
libel, slander or invasion of privacy based on the publication,
exhibition or communication of a sensitive deepfake image;
provided that:

(1) a person's consent to the creation of a
sensitive deepfake image alone shall not establish that the
person consented to the publication, exhibition or
communication of the image; and

(2) in addition to actual damages, a person
who succeeds in a claim for libel, slander or invasion of
privacy based on the publication, exhibition or communication
of a sensitive deepfake image may recover:

(a) if applicable, an amount equal to
the monetary gain made by the defendant from the publication,
exhibition or communication of the sensitive deepfake image;

(b) punitive damages;

(c) court costs, reasonable attorney
fees and other litigation costs reasonably incurred; and

(d) any other legal or equitable relief
the court deems just and proper.

C. A victim of the crime provided for in Subsection
G of Section 30-6A-3 NMSA 1978 or a victim of a crime provided
for in Section 30-37A-1 NMSA 1978 shall establish a prima facie
case for a claim of intentional infliction of emotional
distress upon filing a petition in the district court for such
a claim. In addition to actual damages, a person who succeeds
in claim for intentional infliction of emotional distress as
provided for in this subsection may recover:

(1) if applicable, an amount equal to the
monetary gain made by the defendant from the fruits of the
crime committed;

(2) punitive damages;

(3) court costs, reasonable attorney fees and
other litigation costs reasonably incurred; and

(4) any other legal or equitable relief the
court deems just and proper."