Bossier man arrested for first deepfake charge in Louisiana

Originally Published: 27 DEC 23 15:45 ET

By Sidney Lain

BOSSIER, Louisiana (KTBS) -- Deepfakes are becoming more popular; you’ve probably seen them in movies and on social media. Now they are even being used to commit crimes.

"What a Deepfake is is an image that is created by AI that's manipulated and fabricates a person, a place, or an event,” said Matt Gaydos, Bossier Parish sheriff's public information officer.

Rafael Valentine Jordan of Bossier City is the first person arrested in Louisiana on those charges. He was arrested in late November for child porn.

Days later, police found evidence that Jordan used deepfake technology to create 436 images of child pornography, Gaydos said. He was booked into the Bossier Maxium Security Faciility on a $880,000 bond.

Deepfakes aren't illegal unless used to commit a crime, like deepfake child porn or porn of someone over 18 who did not consent. It's already illegal in Texas, and now Louisiana is among the growing list of states where it's a crime.

“It was enacted this year. A lot of people aren't familiar with it, even law enforcement; we're still learning. We're still trying to apply it to cases when it comes up, if it's applicable," said Gaydos.

The Bossier Sheriff's Office was the first in the state to enforce this law when it came to charges of deepfake child porn.

“Child sexual abuse material has been illegal forever. However, Louisiana's never had it illegal where it was CGI, or computer-generated, or deepfake, if you want to call it that, imagery depicting children that is so realistic. It's hard to tell the difference when you see it at first. But it looks like child sexual abuse material," said Tim Wooten, Bossier Parish sheriff's digital forensics unit.

Bossier authorities are warning people to be careful when using AI.

“It's really important that people understand that when you're going on to make and create AI stuff, be careful of what you're creating and what you're clicking on. If you don't know what it is and you click on it by accident, the best thing to do is, if something crazy pops up, notify us immediately so that we know that your intent is not to look at it, not to possess it."

Unlawful deepfakes depicting a minor can land you in jail for 5–20 years. At least 5 years will be served without the benefit of parole, probation, or suspension of sentence. The other charge of unlawful deepfakes of someone over 18 who did not consent comes with anywhere between 10 and 30 years in prison.