HB 317 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in computer offenses, providing for artificial intelligence; and imposing a penalty.

PRINTER'S NO.   274

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 317
                                                  Session of
                                                    2025

     INTRODUCED BY CEPEDA-FREYTIZ, GIRAL, SANCHEZ, KHAN, HANBIDGE,
        McNEILL, NEILSON, HADDOCK, SCHLOSSBERG, DONAHUE, FREEMAN,
        HILL-EVANS, OTTEN, PIELLI, KENYATTA, PROBST, SHUSTERMAN,
        BOROWSKI, GREEN, MERSKI AND GUENST, JANUARY 27, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        JANUARY 27, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in computer offenses, providing for
 3      artificial intelligence; and imposing a penalty.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Chapter 76 of Title 18 of the Pennsylvania
 7   Consolidated Statutes is amended by adding a subchapter to read:
 8                                 SUBCHAPTER F
 9                           ARTIFICIAL INTELLIGENCE
10   Sec.
11   7681.   Definitions.
12   7682.   Watermark required.
13   7683.   Exceptions.
14   7684.   Penalty.
15   § 7681.   Definitions.
16      The following words and phrases when used in this subchapter
17   shall have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      "Artificial intelligence."       Technology or tools that use
 3   predictive algorithms to create new content, including audio,
 4   code, images, text, simulations, videos and the likeness of
 5   another individual.
 6      "Artificial Intelligence Generated Material."       An image, text
 7   or video that used artificial intelligence in whole or in part
 8   to create the image, text, simulation or video.
 9      "Watermark."       A mark placed on an artificial intelligence
10   generated image, simulation or video.
11   § 7682.    Watermark required.
12      An individual who creates or distributes an image, text,
13   simulation or video using artificial intelligence shall place a
14   watermark on 30% of the image, text or video, to which the
15   following shall apply:
16             (1)   The watermark shall have a minimum of 50% opacity.
17             (2)   The watermark shall contain the following statement:
18                   "Artificial Intelligence Generated Material."
19   § 7683.    Exceptions.
20      Film or television show productions created or distributed in
21   this Commonwealth shall be exempt from section 7682 (relating to
22   watermark required) if one of the following is met:
23             (1)   Use of artificial intelligence for visual effects
24      does not involve the use of an individual.
25             (2)   If the use of artificial intelligence for visual
26      effects involves the use of an individual, the individual has
27      provided written consent to create a likeness of the
28      individual.
29   § 7684.    Penalty.
30      An individual who violates section 7682 (relating to

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1   watermark required) commits a misdemeanor of the second degree
2   and shall be subject to a $1,000 fine for a first offense. An
3   individual who commits a second or subsequent violation of
4   section 7682 within a five-year period commits a misdemeanor of
5   the second degree and shall be subject to a $10,000 fine.
6      Section 2.   This act shall take effect in 60 days.




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