ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: TTMC DP 5-2-0-0 | 3^rd Read DPA 21-7-2-0

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SB 1336: deep fake recordings or images

Sponsor: Senator Carroll, LD 28

Committee on Judiciary

Overview

Establishes disseminating a deep fake recording or image as a class 6 felony offense or, if specified circumstances apply, a class 4 felony offense. 

History

It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all the following apply:

1) the person in the image is depicted in a state of nudity or is engaged in specific sexual activities;

2) the depicted person has a reasonable expectation of privacy; and

3) the image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.

A violation of this section is a class 5 felony, except that it is a class 4 felony if the image is disclosed by electronic means. However, this section does not apply to an interactive computer service or an information service regarding content wholly provided by another party (A.R.S. § 13-1425).

Additionally, current law makes it a class 6 felony offense for a person to knowingly place explicit sexual material on public display or knowingly fail to take prompt action to remove such a display after learning of its existence (A.R.S. § 13-3507).

Interactive computer service refers to any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions (47 U.S.C. § 230).

Provisions

1. Creates the criminal offense of disseminating a deep fake recording or image, which involves a person intentionally distributing a deep fake recording or image in which all the following apply:

a) the person that intentionally creates and disseminates the deep fake recording or image knows or reasonably should know that the depicted individual does not consent to the dissemination;

b) the deep fake recording or image realistically depicts intimate parts of another individual or intimate parts that are generated by synthetic media that are presented as the intimate parts of the depicted individual or depicts the individual engaging in a sexual act;

c) the depicted individual is identifiable by either the deep fake recording or image, the depicted individual or the personal information that is displayed in connection with the deep fake recording or image. (Sec. 1)

2. Classifies disseminating a deep fake recording or image as a class 6 felony. (Sec. 1)

3. Classifies disseminating a deep fake recording or image as a class 4 felony if any of the following apply:

a) the depicted person suffers any financial loss due to the dissemination of the deep fake recording or image;

b) the person disseminates the deep fake recording or image with the intent to profit from it;

c) the person maintains an internet website, online service, online application or mobile application to disseminate the deep fake recording or image;

d) the person posts the deep fake recording or image on an internet website;

e) the person disseminates the deep fake recording or image with intent to harass the depicted person;

f) the person obtains the deep fake recording or image by committing a theft, a criminal trespass, computer tampering or unauthorized computer access; or

g) the person has previously been convicted of a violation of this section. (Sec. 1)

4. Specifies that an interactive computer service is not liable for a violation of this section for content that is created or developed by another person or entity and that is provided through the internet or any other interactive computer service. (Sec. 1)

5. Defines the following terms:

a) deep fake recording or image;

b) depicted individual;

c) dissemination;

d) harass;

e) intimate parts;

f) personal information;

g) sexual act;

h) sexual contact;

i) sexual penetration; and

j) social media. (Sec. 1)

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n)                         SB 1336

o) Initials IG      Page 0 Judiciary

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