In 1964, Supreme Court Justice Potter Stewart delivered the infamous line, “I know it when I see it,” in an attempt to define and describe what “hard-core” pornography is. Unfortunately, with the advent of deepfake pornography, Justice Stewart’s struggle to define pornography has only gotten more complicated—how do we define something when we don’t know it when we see it?
This Comment highlights the need to address adult non-consensual synthetic intimate images (NSII) through effective statutes. As deepfake and other artificial intelligence technologies advance, existing criminal laws risk falling behind. While multiple states have attempted to address this problem, the varying approaches in defining criminal NSII have resulted in inconsistent and inadequate protections for current and future harm.
This Comment seeks to survey the existing definitions featured in criminal NSII statutes. By examining the statutory language of existing state laws and federal bills, identifying strengths and weaknesses, and proposing a definitional framework, this Comment aims to contribute to the development of an effective, forward-looking approach to criminalizing NSII.
