Ohio Senate Bill 163: Ohio’s New Deepfake and AI Law Explained

Ohio Senate Bill 163 (SB 163) is poised to significantly change how artificial intelligence, deepfakes, and digital identity fraud are regulated under Ohio law. Introduced in the 136th Ohio General Assembly, the bill responds to the rapid expansion of AI-generated images, videos, and voice replicas—and the growing use of those tools in fraud, harassment, and criminal conduct across Ohio.

If enacted, SB 163 would place Ohio among the most proactive states in addressing AI misuse through criminal statutes and civil remedies.

What Is Ohio Senate Bill 163?

Ohio Senate Bill 163 is proposed legislation that regulates the use and misuse of AI-generated content, commonly known as deepfakes. The bill does not prohibit artificial intelligence. Instead, it focuses on transparency, victim protection, and accountability when AI technology is used to deceive, defraud, or cause harm.

The legislation is particularly focused on:

AI-generated impersonations of real people

Deepfake content used in scams or reputational attacks

AI-generated sexual material involving minors

Key Provisions of Ohio’s Deepfake Law

SB 163 makes several important changes to Ohio’s criminal and civil framework.

1. AI Watermarking Requirements in Ohio

The bill requires certain AI-generated content to include watermarks or other identifiers showing that the material is artificially created. This provision is aimed at helping Ohio courts, law enforcement, and the public distinguish real media from fabricated content.

The watermarking requirement is designed to combat:

Election interference in Ohio

Financial and identity-theft scams

False accusations using manipulated video or audio

Reputational attacks amplified by AI

2. New Ohio Crimes for AI-Generated Child Sexual Material

One of the most significant aspects of SB 163 is its treatment of AI-generated sexual depictions of minors.

Under the bill:

Creating or distributing AI-generated obscene material depicting a minor would be a third-degree felony under Ohio law.

Possession of such material would be a fourth-degree felony.

Importantly, the material does not need to depict an actual child. If the image or video reasonably appears to involve a minor, criminal liability may attach. This provision removes a common defense argument that no real child was harmed.

3. Expanded Identity Fraud Laws in Ohio

SB 163 expands Ohio’s identity fraud statutes to include unauthorized AI replicas of real people. This includes AI-generated images, videos, or voice clones used to mislead others, commit fraud, or cause reputational or financial harm.

This expansion directly affects how prosecutors in Ohio may charge deepfake-related cases.

Enforcement and Civil Remedies in Ohio

The Ohio Attorney General’s Office would be responsible for enforcement. In addition to criminal penalties, SB 163 allows victims of deepfakes to pursue civil remedies, including statutory damages of up to $10,000 per violation in certain circumstances.

This creates meaningful financial consequences for those who misuse AI technology in Ohio.

Current Status of SB 163 in Ohio

As of this legislative session, Ohio Senate Bill 163 has been introduced and referred to the Ohio Senate Judiciary Committee. It has not yet been enacted, and amendments are likely as the bill proceeds through hearings and debate.

What SB 163 Means for Ohio Lawyers and Businesses

If SB 163 becomes law:

Ohio criminal defense attorneys should expect new charging theories, digital forensic evidence, and constitutional challenges.

Ohio businesses and marketers using AI tools must reassess compliance, disclosures, and consent practices.

Content creators in Ohio should understand watermarking and identity-use rules.

Ohio victims of deepfakes gain clearer legal protections and stronger remedies.

Bottom Line

Ohio Senate Bill 163 is a serious effort to bring artificial intelligence under Ohio’s existing criminal and civil framework. Whether viewed as overdue protection or regulatory overreach, SB 163 would fundamentally change how AI-generated content is treated in Ohio courts.

As AI technology continues to evolve, Ohio lawyers, businesses, and individuals should closely monitor the progress of SB 163 and prepare for its potential impact.