A depicted individual or a person representing the depicted individual may bring a civil action against a person for the nonconsensual creation or dissemination of a deep fake if all of the following apply:

    (a) The person who created or disseminated the deep fake knew or reasonably should have known that the creation, distribution, or reproduction of the deep fake would cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or created or disseminated the deep fake in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted.

    (b) The deep fake realistically depicts any of the following:

    (i) The intimate parts of the depicted individual.

    (ii) The depicted individual engaging in a sexual act.

    (c) The depicted individual is identifiable in either of the following ways:

    (i) From the deep fake itself, by the depicted individual or by a reasonable individual viewing or listening to the deep fake.

    (ii) From the personal information displayed in connection with the deep fake.