Law / United States /
Pennsylvania
Act 35 of 2025, digital forgery
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not generate or create and distribute, with intent to defraud or injure anyone, a forged digital likeness (an AI-generated or otherwise computer-generated visual representation or audio recording of a real, identifiable person that closely resembles a genuine one, materially misrepresents that person, and is likely to deceive a reasonable person) as genuine.
- Taking reasonable action to notify viewers or listeners that the forged digital likeness is not genuine is an affirmative defense.
- This section does not reach a provider or developer of the underlying technology, an information service or access software provider, a law enforcement officer's official duties, or a constitutionally protected activity.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A misdemeanor of the first degree in the base case; a felony of the third degree where the violation involves a scheme to defraud, coerce, or commit theft of monetary assets or property.
What it makes you log
Logging duty
Section 4101.1 defines and grades the offense of digital forgery; it creates no duty for any party to keep a log, record or other documentation, and names nobody who may check one.
- Kind
- None
- As of
What this law does
A person is guilty of digital forgery if, with intent to defraud or injure anyone, the person generates or creates and distributes a forged digital likeness as genuine, knowing or reasonably knowing it to be a forged digital likeness.
A forged digital likeness is a computer-generated visual representation or audio recording of an actual, identifiable individual that has been created or modified to closely resemble a genuine representation, materially misrepresents the individual's appearance, speech, or behavior, is likely to deceive a reasonable person into believing it is genuine, and is created and distributed without the individual's consent.
It is an affirmative defense that the actor took reasonable action to notify viewers or listeners that the forged digital likeness was not genuine, and the section does not reach a constitutionally protected activity, a law enforcement officer's official duties, a provider or developer of the underlying technology, or an information service or access software provider. Act 35 of 2025, signed , added this section, effective 60 days after signature.
When LexLint raises it
When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.
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