1. Short title This Act may be cited as the Malicious Deep Fake Prohibition Act of 2018 . 2. Fraud in connection with audiovisual records (a) Amendment Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud in connection with audiovisual records (a) Definitions In this section— (1) the term audiovisual record — (A) means any audio or visual media in an electronic format; and (B) includes any photograph, motion-picture film, video recording, electronic image, or sound recording; (2) the term deep fake means an audiovisual record created or altered in a manner that the record would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of an individual; and (3) the terms interactive computer service and information content provider have the same meaning given the terms in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (b) Offense It shall be unlawful to, using any means or facility of interstate or foreign commerce— (1) create, with the intent to distribute, a deep fake with the intent that the distribution of the deep fake would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law; or (2) distribute an audiovisual record with— (A) actual knowledge that the audiovisual record is a deep fake; and (B) the intent that the distribution of the audiovisual record would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law. (c) Penalty Any person who violates subsection (b) shall be— (1) fined under this title, imprisoned for not more than 2 years, or both