As artificial intelligence technology evolves, Washington State is stepping up to protect individuals from the malicious use of AI-generated content—commonly referred to as “deepfakes.” The Washington State Legislature passed House Bill 1205, which goes into effect on July 27, 2025, and creates both criminal penalties and civil remedies for the use of forged digital likenesses.
If someone has used your image, voice, or video in a deceptive or damaging way, this new law may offer legal protection and justice.
👤 What Is a Deepfake?
A deepfake is a digitally altered video, audio clip, or image that mimics a real person’s likeness using artificial intelligence or deep learning software. Deepfakes can be used to:
- Impersonate someone in fake videos or audio recordings
- Spread misinformation or fake endorsements
- Harass or intimidate others
- Commit fraud or extortion
House Bill 1205 refers to these as “forged digital likenesses” and makes their malicious use a crime in Washington State.
📜 What Does Washington HB 1205 Do?
Effective July 27, 2025, House Bill 1205 makes it illegal to knowingly and maliciously use a forged digital likeness with the intent to:
- Injure, defraud, intimidate, or threaten someone
- Cause emotional distress or reputational damage
- Commit financial fraud or extortion
The law allows for both criminal charges and civil lawsuits against the person or entity that created or distributed the deepfake content.
⚖️ Criminal Penalties for Deepfake Offenses
Under HB 1205, the use of a forged digital likeness with malicious intent is a gross misdemeanor punishable by:
- Up to 364 days in jail, and
- A fine of up to $5,000, or both
More serious charges could apply if the deepfake is used to facilitate crimes such as identity theft, harassment, or fraud.
💵 Civil Lawsuits and Victims’ Rights
Victims of malicious deepfake use may also file a civil lawsuit against the offender. Damages can include:
- Compensation for emotional distress
- Reputational harm
- Financial loss
- Attorney’s fees and court costs
If you’ve been harmed by a deepfake or AI-generated impersonation, consult with an experienced civil attorney to protect your rights.
⚠️ Are There Exemptions to the Law?
Yes, HB 1205 includes protections for First Amendment expression. The law does not apply to:
- Clearly labeled satire or parody
- Newsworthy or public interest content
- Online platforms (e.g., Facebook, X, YouTube) that act promptly to remove content after being notified
That said, creators who post or share malicious deepfake content can still be held accountable.
📍 What Should You Do If You’re a Victim of a Deepfake in Washington?
If you suspect someone has used your image, voice, or likeness without your permission:
- Preserve the evidence: Save screenshots, links, and any messages.
- Avoid confronting the person directly.
- Contact a lawyer immediately to explore your criminal and civil options.
👨⚖️ Our Attorneys Can Help
The legal team at Althauser Rayan Abbarno is here to help victims of deepfakes and digital impersonation. With offices in Centralia and Olympia, our attorneys are experienced in digital rights, civil litigation, privacy law, and online harassment cases.
✅ Consultations available
🗣️ We offer Spanish-speaking services
📞 Call us at (360) 736-1301
🌐 Visit us online at www.CentraliaLaw.com
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