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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 2. As used in this act:
(a) “Deep fake” means a video recording, motion-picture film, sound recording, electronic image, or photograph, or a technological representation of speech or conduct substantially derivative of such a recording, film, image, or photograph, that is not an original recording of an actual occurrence or an original photograph without substantial modification to which both of the following apply:
(i) It is so realistic that a reasonable person would believe it depicts speech or conduct of a depicted individual.
(ii) The production of it was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate the depicted individual.
(b) “Depicted individual” means an individual in a deep fake who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic.
(c) “Dissemination” means distribution to 1 or more persons, other than the individual depicted in the deep fake, or publication by any publicly available medium.
(d) “Harass” means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.
(e) “Intimate parts” means an individual's genitalia or anus or, if the individual is a female, her nipple.
(f) “Personal information” means any identifier that permits communication or in-person contact with an individual. Personal information includes, but is not limited to, all of the following:
(i) The individual's first and last name, first initial and last name, first name and last initial, or nickname.
(ii) The individual's home, school, or work address.
(iii) The individual's telephone number, email address, or social media account information.
(iv) The individual's geolocation data.
(g) “Sexual act” means either sexual contact or sexual penetration.
(h) “Sexual contact” means the intentional touching of intimate parts or intentional touching with seminal fluid onto another individual's body.
(i) “Sexual penetration” means any of the following acts:
(i) Sexual intercourse, cunnilingus, fellatio, or anal intercourse.
(ii) An intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.
(j) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 752. Crimes and Offenses § 752.382 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-752-crimes-and-offenses/mi-comp-laws-752-382/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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