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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: AII DPA 5-0-2-0 |
HB 2133: sexual material; consent; synthetic depiction
Sponsor: Representative Kupper, LD 25
Caucus and COW
Overview
Outlines verification and consent requirements for commercial entities that publish or distribute sexual materials online.
History
Artificial Intelligence (AI) means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. AI systems use machine and human-based inputs to:
1) perceive real and virtual environments;
2) abstract such perceptions into models through analysis in an automated manner; and
3) use model inference to formulate options for information or action (15 U.S.C. 9401).
Currently it is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image or information connected to the image if this image is sexual or involves nudity, the person in the photo has a reasonable expectation of privacy and the image is shown or shared with malicious intent towards the depicted person (A.R.S. § 13-1425).
Age verification is required by commercial entities that intentionally publish or distribute materials on an internet website or social media website that is at least one-third sexual material that is harmful to minors. These websites are required to attempt to obtain reasonable age verification methods, such as forms of digital identification, government-issued identification or a method that is reasonable and relies on public or private transactional data (A.R.S. § 18-701).
Provisions
1. Instructs a commercial entity that knowingly and intentionally publishes or distributes sexual material on an internet website to:
a. require each person who uploads the sexual material to verify, using reasonable consent verification methods, that the individual depicted has explicitly consented to the creation, distribution and publication of the material; and
b. ensure the depicted individual was 18 years of age when the content was created. (Sec. 3)
2. Directs the commercial entity to maintain records of the verification for at least seven years. (Sec. 3)
3. Requires a commercial entity to implement reasonable measures to prevent the uploading of sexual material that does not have verified consent. (Sec. 3)
4. Allows the Attorney General, on request, to inspect the records. (Sec. 3)
5. Ensures a commercial entity will not retain identifying information of the depicted person after verification, except for recordkeeping requirements. (Sec. 3)
6. Excludes news, public interest broadcasts or publications, medical, scientific or educational purposes from the outlined requirements. (Sec. 3)
7. Prohibits a commercial entity to cease or allow any identifying information to be transmitted to any federal, state or local government entity. (Sec. 3)
8. Includes a daily civil penalty, damages, attorney fees and possible injunction relief to commercial entities who publish or distribute sexual material on an internet website without obtaining verified consent from a depicted individual. (Sec. 3)
9. Allows the Attorney General to bring an action and seek civil penalties of up to $250,000 if a minor is depicted in the sexual material that is published or distributed. (Sec. 3)
10. Allows the Attorney General and an individual who is depicted in the sexual material and who did not consent to the depiction to bring a civil action. (Sec. 3)
11. Defines key terms. (Sec. 1, 3)
12. Contains a severability clause. (Sec. 4)
13. Cites this legislation as the Protect Act. (Sec. 5)
14. Makes technical and conforming changes. (Sec. 1, 2)
Amendments
Committee on Artificial Intelligence and Innovation
1. Includes an exemption for internet service providers, their affiliates or subsidiaries from the responsibility of the creation or direct hosting of sexual material.
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Initials TM HB 2133
1/29/2026 Page 0 Caucus and COW
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