Forged digital likeness

AN ACT Relating to prohibiting the knowing distribution of a 1
forged digital likeness; and reenacting and amending RCW 9A.60.010 2
and 9A.60.045. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9A.60.010 and 2011 c 336 s 381 are each reenacted 5
and amended to read as follows: 6
The following definitions and the definitions of RCW 9A.56.010 7
are applicable in this chapter unless the context otherwise requires:8
(1) "Complete written instrument" means one which is fully drawn 9
with respect to every essential feature thereof; 10
(2) "Incomplete written instrument" means one which contains some 11
matter by way of content or authentication but which requires 12
additional matter in order to render it a complete written 13
instrument; 14
(3) To "falsely alter" a written instrument means to change, 15
without authorization by anyone entitled to grant it, a written 16
instrument, whether complete or incomplete, by means of erasure, 17
obliteration, deletion, insertion of new matter, transposition of 18
matter, or in any other manner; 19
(4) To "falsely complete" a written instrument means to transform 20
an incomplete written instrument into a complete one by adding or 21
H-0431.1
HOUSE BILL 1205
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ryu, Obras, Cortes, Callan, Pollet, Kloba, and
Timmons
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1205
inserting matter, without the authority of anyone entitled to grant 1
it; 2
(5) To "falsely make" a written instrument means to make or draw 3
a complete or incomplete written instrument which purports to be 4
authentic, but which is not authentic either because the ostensible 5
maker is fictitious or because, if real, he or she did not authorize 6
the making or drawing thereof; 7
(6) "Forged digital likeness" means a visual representation of an 8
actual and identifiable individual, or an audio recording of an 9
actual and identifiable individual's voice, which:10
(a) Has been digitally created, adapted, altered, or modified to 11
be indistinguishable from a genuine visual representation or audio 12
recording of the individual;13
(b) Misrepresents the appearance, speech, or conduct of the 14
individual; and15
(c) Is likely to deceive a reasonable person into believing that 16
the visual representation or audio recording is genuine;17
(7) "Forged instrument" means a written instrument which has been 18
falsely made, completed, or altered; 19
(((7))) (8) "Visual representation" means any pictorial or motion 20
picture representation, regardless of the media used;21
(9) "Written instrument" means: (a) Any paper, document, or other 22
instrument containing written or printed matter or its equivalent; or 23
(b) any access device, token, stamp, seal, badge, trademark, or other 24
evidence or symbol of value, right, privilege, or identification.25
Sec. 2. RCW 9A.60.045 and 2004 c 124 s 1 and 2004 c 11 s 2 are 26
each reenacted and amended to read as follows: 27
(1) A person is guilty of criminal impersonation in the second 28
degree if the person: 29
(a)(i) Claims to be a law enforcement officer or creates an 30
impression that he or she is a law enforcement officer; and31
(ii) Under circumstances not amounting to criminal impersonation 32
in the first degree, does an act with intent to convey the impression 33
that he or she is acting in an official capacity and a reasonable 34
person would believe the person is a law enforcement officer; ((or))35
(b) Falsely assumes the identity of a veteran or active duty 36
member of the armed forces of the United States with intent to 37
defraud for the purpose of personal gain or to facilitate any 38
unlawful activity; or39
p. 2 HB 1205
(c)(i) Knowingly distributes a forged digital likeness of another 1
person as a genuine visual representation or audio recording with 2
intent to defraud, harass, threaten, intimidate, or humiliate another 3
or for any other unlawful purpose; and4
(ii) Knows or reasonably should know that the forged digital 5
likeness is not genuine. 6
(2) Criminal impersonation in the second degree is a gross 7
misdemeanor. 8
(3) Nothing in subsection (1)(c) of this section shall be 9
construed to prohibit the distribution of visual representations or 10
audio recordings for matters of cultural, historical, political, 11
religious, educational, newsworthy, or public interest including, but 12
not limited to, use in works of art, commentary, satire, and parody 13
protected by the Washington state Constitution or the United States 14
Constitution.15
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p. 3 HB 1205