Digital Forgery

How the laws define this

Both instruments converge on regulating technological manipulations—specifically deepfakes or material created or altered using artificial intelligence or other software—that present a fake depiction as genuine or as if a real person is shown. They diverge significantly regarding the material covered, required intent, and consent. Under Pennsylvania SB 649, Pennsylvania Act No. 35 of 2025 targets the malicious misuse of deepfake technology generally, framing digital forgery as the offense of generating, creating, or distributing a forged digital likeness as genuine with the intent to defraud or injure, or to facilitate those actions. Conversely, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act focuses specifically on intimate visual depictions, anchoring its standard on whether the content was created or altered using artificial intelligence or other software to appear as if a real person is depicted without their consent.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.