In a significant move to combat the misuse of digital technologies for fraudulent purposes, Washington State has enacted House Bill 1205 (HB 1205), codified as Chapter 51, Laws of 2025. This legislation amends the state’s criminal impersonation statutes to include the knowing distribution of forged digital likenesses.

Understanding HB 1205

HB 1205 expands the definition of second-degree criminal impersonation to criminalize the intentional distribution of digitally forged likenesses. Specifically, it targets individuals who:

• Knowingly distribute a forged digital likeness of another person, presenting it as a genuine visual representation or audio recording.

• Do so with intent to defraud, harass, threaten, or intimidate, or for any other unlawful purpose.

• Know or reasonably should know that the digital likeness is not genuine.

Under this law, such actions constitute criminal impersonation in the second degree, classified as a gross misdemeanor. This offense is punishable by up to 364 days in jail, a fine of up to $5,000, or both.

Safeguards for Protected Expression

Importantly, HB 1205 includes provisions to protect freedom of expression. The law explicitly states that it does not apply to the distribution of visual representations or audio recordings for matters of cultural, historical, political, religious, educational, newsworthy, or public interest, including works of art, commentary, satire, and parody protected under the Washington State Constitution or the United States Constitution.

Implications for Fraud Examiners

For professionals in fraud prevention and detection, this legislation underscores the evolving nature of identity-related crimes in the digital age. The use of deepfakes and other digital forgeries poses significant challenges, and HB 1205 provides legal tools to address these threats.

Fraud examiners should be aware of the legal definitions and thresholds established by this law, particularly the emphasis on the distributor’s knowledge and intent. Understanding these parameters is crucial for identifying potential violations and collaborating with law enforcement agencies in investigations.

Accessing the Full Text

The full text of HB 1205 can be accessed through the Washington State Legislature’s website:

HB 1205 - Session Law Chapter 51, Laws of 2025