SB 649 (2025-2026), Act 35 of 2025: digital forgery (AI-generated forged digital likenesses used to defraud or injure)

Summary

Pennsylvania created the crime of digital forgery (18 Pa.C.S. 4101.1). A person commits it who, intending to defraud or injure, or knowingly facilitating fraud or injury, generates or creates and distributes a forged digital likeness as genuine, knowing or having reason to know it is forged. A forged digital likeness is a computer-generated image or voice recording of a real, identifiable person that closely resembles a genuine one, materially misrepresents the person, is likely to deceive a reasonable person and is made without consent. The base offense is a first-degree misdemeanor; it is a third-degree felony when part of a scheme to defraud, coerce or steal money or property. Satire, commentary and other protected activity, law enforcement, technology developers and service providers are excepted, and reasonable notice to viewers that the likeness is not genuine is an affirmative defense. The Governor's release ties the law to voice-clone scams against older adults.

Key dates

1. July 7, 2025Enacted
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Approved by the Governor, July 7, 2025 Act No. 35 of 2025, July 7, 2025

   Supports: Approval date and act number

   Senate Bill 649 information, 2025-2026 Regular Session Pennsylvania General Assembly Primary source

2. A person who violates this section is guilty of a misdemeanor of the first degree.

   Supports: Base grading

   A person who violates this section through involvement in a scheme to defraud, coerce or commit theft of monetary assets or property is guilty of a felony of the third degree.

   Supports: Felony grading for fraud schemes

   It is an affirmative defense to prosecution that the defendant took reasonable action to place viewers or listeners of the forged digital likeness on notice that the forged digital likeness was not genuine.

   Supports: Affirmative defense

   Section 2. This act shall take effect in 60 days.

   Supports: Effective date

   SB 649, Printer's No. 920 (bill text) Pennsylvania General Assembly Primary source

3. Under the new law, prosecutors can now charge bad actors with a third-degree felony if they use AI-generated fake content to commit fraud or cause injury

   Supports: Signing and purpose (the statute grades the base offense as a misdemeanor)

   Governor Shapiro Signs New Digital Forgery Law, Protecting Pennsylvanians from AI Scams and Financial Exploitation Office of the Governor of Pennsylvania Primary source