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PA Digital Forgery Act

Pennsylvania Digital Forgery Act (SB 649)

Amends Pennsylvania's forgery statutes to criminalize creation and distribution of non-consensual AI-generated deepfakes ('forged digital likenesses') with intent to defraud or injure. Establishes tiered criminal penalties including felony charges for fraud-related deepfakes.

Jurisdiction

Pennsylvania

Enacted

Jul 7, 2025

Effective

Sep 5, 2025

Enforcement

Pennsylvania law enforcement; District Attorneys

Signed July 7, 2025; effective September 5, 2025 (Act No. 35 of 2025)

Pennsylvania General Assembly

Why It Matters

Criminal penalties for AI deepfakes. Includes affirmative defense for proper disclosure - incentivizes transparency about AI-generated content.

Recent Developments

Signed into law by Governor Shapiro on July 7, 2025. Targets financial exploitation schemes using AI-generated fake content, particularly those affecting older adults.

At a Glance

Applies to

Digital ReplicaImage Generator

Harms addressed

Who Must Comply

  • Any person creating forged digital likenesses in Pennsylvania
  • AI tools used to generate deepfakes of real persons

Safety Provisions

  • Criminalizes non-consensual AI deepfakes with intent to defraud or injure
  • Third-degree felony for deepfakes used to defraud or cause injury
  • First-degree misdemeanor for non-consensual digital impersonation
  • Affirmative defense for disclosure that content is not genuine

Exemptions

Protected Expression

Constitutionally protected activity including satire and content in public interest

  • • Content is satire, parody, or in the public interest

Law Enforcement

Official law enforcement activities

  • • Activity conducted by law enforcement

Disclosure Affirmative Defense

Defendant took reasonable action to notify viewers/listeners that content was not genuine

  • • Clear disclosure that content is AI-generated

Technology Platform Safe Harbor

Technology companies providing tools and platforms not liable unless they intentionally facilitated creation/dissemination

  • • Did not intentionally facilitate creation
  • • Did not intentionally facilitate dissemination

Compliance & Enforcement

Key Dates

Sep 5, 2025

All provisions take effect

Penalties

$15K; criminal (up to 7yr)

Criminal liability

View on map

Pennsylvania

Focus Areas

General regulation

Cite This

APA

Pennsylvania. (2025). Pennsylvania Digital Forgery Act (SB 649).

Related Regulations

In Effect US-SD

SD Deepfakes Act

Prohibits disseminating deepfakes about candidates within 90 days of election with intent to cause injury. Class 1 misdemeanor with up to 1 year imprisonment and $2,000 fine. Affirmative defense for content with AI manipulation disclosure. Civil remedies available to AG, candidates, and depicted individuals.

In Effect US-NH

NH Deepfakes Act

Criminalizes fraudulent use of deepfakes as a Class B felony (1-7 years imprisonment). First state law with explicit private right of action for deepfake victims. Enhanced penalties when deepfakes result in wrongful arrest. Prohibits lobbyists who violate the law from registering.

In Effect US-RI

RI Intimate Deepfakes Act

Establishes criminal penalties for distributing synthetic intimate imagery (AI-generated deepfake pornography) without consent. Creates civil remedies for victims. Protects internet service providers from liability for third-party content.

Pending US-PA

PA AI Mental Health Therapy Act

Imposes explicit prohibitions on AI systems making therapeutic judgments, generating treatment plans without human review, or simulating emotional interaction. Violations treated as unprofessional conduct under Commonwealth licensing laws.

Enacted US-CA

CA SB 942

Requires large GenAI providers (1M+ monthly users) to provide free AI detection tools, embed latent disclosures (watermarks/metadata) in AI-generated content, and offer optional manifest (visible) disclosures to users.

In Effect US-TX

TX AI Catfishing Law

Establishes civil liability for online impersonation using AI. Person liable if they knowingly and with intent to harm, defraud, intimidate, or threaten use AI to impersonate another's name, voice, signature, photograph, or likeness. Civil remedies include injunctive relief, actual damages, exemplary damages ($500+ minimum), costs, and attorney's fees. Satire and parody exempted.

Last updated January 22, 2026. Verify against primary sources before relying on this information.