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HB 2133Arizona · 57th-2nd-regular

sexual material; consent; synthetic depiction

bill

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What Changed

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Exact Changes

Around line 31 of the prior version

wholly provided by another party.

5. Any disclosure that is made with the consent of the person who

is depicted in the image.

C. A violation of this section is a class 5 felony, except that aviolation of this section is a:{{C. THIS SECTION DOES NOT APPLY IF IT IS CLEAR TO A REASONABLEVIEWER THAT THE IMAGE, RECORDING OR VIDEO HAS BEEN BOTH:1. DIGITALLY MANIPULATED.2. CREATED FOR THE PURPOSES OF ANY OF THE FOLLOWING:(a) PARODY.(b) COMEDY.(c) ARTISTIC EXPRESSION.(d) CRITICISM OF MATTERS OF PUBLIC CONCERN.}}{{C.}}{{D.}} A violation of this section is a class 5 felony,except that a violation of this section is a:

1. Class 4 felony if the image is disclosed by electronic means.

2. Class 1 misdemeanor if a person threatens to disclose but does

not disclose an image that if disclosed would be a violation of this

section or if the image is a realistic pictorial representation.

D. For the purposes of this section:{{D.}}{{E.}} For the purposes of this section:

1. "Disclose" means display, distribute, publish, advertise or

offer.

2. "Disclosed by electronic means" means delivery to an email

Around line 45 of the prior version

disclosure on a website.

3. "Harm" means physical injury, financial injury or serious

emotional distress.

4. "IDENTIFIABLE INDIVIDUAL" MEANS A PERSON WHO IS RECOGNIZABLE BYANY PERSON, INCLUDING THE PERSON THEMSELF, BY ANY PART OF THE PERSON OR BYANY OTHER INFORMATION THAT IS PART OF THE DEPICTION.4. "IDENTIFIABLE {{INDIVIDUAL}}{{PERSON}}" MEANS A PERSON WHO ISRECOGNIZABLE BY ANY PERSON, INCLUDING THE PERSON {{THEMSELF}}{{HIMSELF}},BY ANY PART OF THE PERSON OR BY ANY OTHER INFORMATION THAT IS PART OF THEDEPICTION.

4. 5. "Image" means a photograph, videotape, film, digital

recording, or realistic pictorial representation OR SYNTHETIC DEPICTION OFAN IDENTIFIABLE INDIVIDUAL.recording{{, or}}{{or}} realistic pictorial representation {{OR SYNTHETICDEPICTION OF AN IDENTIFIABLE INDIVIDUAL}}.

5. 6. "Realistic pictorial representation":

(a) Means an image that is created or modified to reasonably appear

to be an actual image of an identifiable person depicted in a state of

Around line 66 of the prior version

in section 11-811, subsection E, paragraph 18, subdivisions (a) and (b).

8. 9. "State of nudity" has the same meaning prescribed in section

11-811, subsection E, paragraph 14, subdivision (a).

10. "SYNTHETIC DEPICTION" MEANS ANY VISUAL DEPICTION THAT IS{{10. "SYNTHETIC DEPICTION" MEANS ANY VISUAL DEPICTION THAT IS

CREATED OR ALTERED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE, DIGITAL

MANIPULATION OR OTHER TECHNOLOGY AND THAT APPEARS TO DEPICT AN

IDENTIFIABLE INDIVIDUAL BUT THAT DOES NOT REPRESENT AN ACTUAL EVENT OR

CONDUCT INVOLVING THAT INDIVIDUAL.CONDUCT INVOLVING THAT INDIVIDUAL.}}

Sec. 2. Heading change; transfer and renumber

A. The chapter heading of title 18, chapter 7, Arizona Revised

Statutes, is changed from "GOVERNMENT INFORMATION TECHNOLOGY USE" to

Around line 92 of the prior version

OR DISTRIBUTES, [OR] [AND] ALLOWS THE PUBLICATION OR DISTRIBUTION OF,

SEXUAL MATERIAL ON AN INTERNET WEBSITE SHALL DO ALL OF THE FOLLOWING:

1. REQUIRE EACH PERSON WHO UPLOADS OR PLACES THE SEXUAL MATERIAL ON

AN INTERNET WEBSITE TO VERIFY, USING REASONABLE CONSENT VERIFICATIONMETHODS, THAT EACH INDIVIDUAL WHO IS DEPICTED IN THE SEXUAL MATERIAL:(a) HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION,DISTRIBUTION AND PUBLICATION OF THE SEXUAL MATERIAL.(b) WAS AT LEAST EIGHTEEN YEARS OF AGE AT THE TIME THE MATERIAL WASCREATED.AN INTERNET WEBSITE TO VERIFY, USING REASONABLE {{CONSENT}} VERIFICATIONMETHODS, {{THAT EACH INDIVIDUAL WHO IS DEPICTED IN THE SEXUALMATERIAL}}{{EITHER OF THE FOLLOWING}}:(a) {{HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION,DISTRIBUTION AND PUBLICATION OF}} {{THAT EACH INDIVIDUAL WHO IS DEPICTEDIN}}THE SEXUAL MATERIAL{{.(b)}} {{HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION,DISTRIBUTION AND PUBLICATION OF THE SEXUAL MATERIAL AND}}WAS AT LEASTEIGHTEEN YEARS OF AGE AT THE TIME THE {{SEXUAL}} MATERIAL WAS CREATED.{{(b.) THAT THE SEXUAL MATERIAL WAS CREATED BEFORE THE ENACTMENT OFTHE CHILD PROTECTION AND OBSCENITY ENFORCEMENT ACT OF 1988 (P.L. 100-690;102 STAT. 4485) BY USING ANY OF THE FOLLOWING:(i) AN AFFIDAVIT FROM THE UPLOADER OR CUSTODIAN OF RECORDS.(ii) CONTEMPORANEOUS PUBLICATION OR COPYRIGHT RECORDS.(iii) TECHNICAL METADATA.(iv) ANY OTHER EVIDENCE THAT REASONABLY ESTABLISHES THE DATE THESEXUAL MATERIAL WAS FIRST FIXED IN A TANGIBLE MEDIUM.}}

2. MAINTAIN RECORDS OF THE VERIFICATION FOR AT LEAST SEVEN YEARS.

ON REQUEST, THE ATTORNEY GENERAL MAY INSPECT THE RECORDS.{{ON REQUEST, THE ATTORNEY GENERAL MAY INSPECT THE RECORDS.}}

3. IMPLEMENT REASONABLE MEASURES TO PREVENT THE UPLOADING OF SEXUAL

MATERIAL THAT DOES NOT HAVE VERIFIED CONSENT, INCLUDING USING AUTOMATED

DETECTION TOOLS WHERE FEASIBLE.

B. A COMMERCIAL ENTITY MAY NOT RETAIN ANY IDENTIFYING INFORMATION{{B. A COMMERCIAL ENTITY MAY NOT RETAIN ANY IDENTIFYING INFORMATION

OF THE DEPICTED PERSON AFTER THE VERIFICATION IS COMPLETE EXCEPT AS

REQUIRED FOR THE RECORDKEEPING REQUIREMENTS PRESCRIBED IN THIS SECTION.

THE COMMERCIAL ENTITY MAY NOT CAUSE OR ALLOW ANY IDENTIFYING INFORMATION

TO BE TRANSMITTED TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY.

C. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:C.}}{{B.}} THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:

1. A NEWS OR PUBLIC INTEREST BROADCAST OR PUBLICATION.

2. MATERIAL THAT IS DISTRIBUTED FOR BONA FIDE SCIENTIFIC, MEDICAL

OR EDUCATIONAL PURPOSES.

Around line 121 of the prior version

SERVICES TO THE EXTENT THAT THE INTERNET SERVICE PROVIDER, SEARCH ENGINE

OR CLOUD SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OR DIRECT

HOSTING OF THE SEXUAL MATERIAL.

D. A COMMERCIAL ENTITY THAT PUBLISHES OR DISTRIBUTES SEXUALMATERIAL ON AN INTERNET WEBSITE WITHOUT OBTAINING VERIFIED CONSENT FROM ADEPICTED INDIVIDUAL IN VIOLATION OF THIS SECTION IS SUBJECT TO:{{D.}}{{C.}} A COMMERCIAL ENTITY THAT PUBLISHES OR DISTRIBUTESSEXUAL MATERIAL ON AN INTERNET WEBSITE WITHOUT {{OBTAINING VERIFIEDCONSENT FROM A DEPICTED INDIVIDUAL}}{{COMPLYING WITH SUBSECTION A OF THISSECTION AND}} IN VIOLATION OF THIS SECTION IS SUBJECT TO:

1. A CIVIL PENALTY OF $10,000 FOR EACH DAY OF THE VIOLATION.

2. ACTUAL DAMAGES.

3. COSTS AND REASONABLE ATTORNEY FEES.

4. ADDITIONAL RELIEF, INCLUDING INJUNCTIVE RELIEF.

{{D. THIS SECTION DOES NOT APPLY IF IT IS CLEAR TO A REASONABLEVIEWER THAT THE IMAGE, RECORDING OR VIDEO HAS BEEN BOTH:1. DIGITALLY MANIPULATED.2. CREATED FOR THE PURPOSES OF ANY OF THE FOLLOWING:(a) PARODY.(b) COMEDY.(c) ARTISTIC IMPRESSION.(d) CRITICISM OF MATTERS OF PUBLIC CONCERN.}}

E. THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE THIS SECTION

AND, IN ADDITION TO ANY PENALTY PROVIDED FOR IN SECTION 13-3553, MAY SEEK

CIVIL PENALTIES OF UP TO $250,000 IF A MINOR IS DEPICTED IN THE SEXUAL

Legislative Record

The official procedural history from the legislature.

Actions

  • Apr 7, 2026
    Transmit to House
    Senate
  • Jun 8, 2026
    PASSED
    Senatepassage
  • Jun 10, 2026
    PASSED
    Housepassage
  • Jun 11, 2026
    Transmit to Governor
    Office of the Governorexecutive-receipt
  • Jun 18, 2026
    Vetoed by Governor
    Office of the Governorexecutive-veto

Roll-Call Votes

  • do pass amended

    committee-passagefail

    House · Feb 9, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    House · Feb 22, 2026

    41 yes16 no0 other0 absent0 excused3 not voting
  • Passed

    passagepass

    Senate · Apr 7, 2026

    16 yes12 no0 other0 absent0 excused2 not voting
  • do pass amended

    committee-passagefail

    Senate · Apr 7, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Jun 8, 2026

    16 yes12 no0 other0 absent0 excused2 not voting
  • Passed

    passagepass

    House · Jun 10, 2026

    35 yes20 no0 other0 absent0 excused5 not voting

Documents

  • HOUSE SUMMARY: 01/20/2026 Judiciary

  • HOUSE SUMMARY: 01/27/2026 Artificial Intelligence & Innovation

  • HOUSE SUMMARY: 01/30/2026 Caucus & COW

  • HOUSE SUMMARY: 02/10/2026 House Engrossed

  • HOUSE SUMMARY: 03/02/2026 House Engrossed

  • HOUSE SUMMARY: 04/10/2026 Senate Engrossed

  • HOUSE SUMMARY: 04/20/2026 Conference Engrossed

  • SENATE FACT SHEET: 03/02/2026 JUDE

  • SENATE FACT SHEET: 03/05/2026 JUDE As Passed Committee

  • SENATE FACT SHEET: 04/08/2026 JUDE As Passed COW

  • SENATE FACT SHEET: 04/16/2026 JUDE As Passed Conference Committee

  • HB 2133 Minority Report

  • House COW 02/10 - Amended by AII - Wilmeth

  • House COW 02/10 - SUB Floor Amend to AII - Kupper

  • Senate COW 04/08 - Shamp flr amend (ref JUDE)

Full Bill Text

The bill as proposed to be amended is reprinted as follows:
Section 1. Section 13-1425, Arizona Revised Statutes, is amended to
read:
13-1425. Unlawful disclosure of images depicting states of
nudity    or     specific    sexual    activities;
classification; definitions
A. 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 of 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.
Evidence that a person has sent an image to another person using an
electronic device does not, on its own, remove the person's reasonable
expectation of privacy for that image. Unless the realistic pictorial
representation is created or modified by the depicted person, this
paragraph does not apply to an image that is a realistic pictorial
representation.
3. The image is disclosed with the intent to harm, harass,
intimidate, threaten or coerce the depicted person.
B. This section does not apply to any of the following:
1. The reporting of unlawful conduct.
2. Lawful and common practices of law enforcement, criminal
reporting, legal proceedings or medical treatment.
3. Images involving voluntary exposure in a public or commercial
setting.
4. An interactive computer service, as defined in 47 United States
Code section 230(f)(2), or an information service or cable service, as
defined in 47 United States Code section 153, with regard to content
wholly provided by another party.
5. Any disclosure that is made with the consent of the person who
is depicted in the image.
{{C. THIS SECTION DOES NOT APPLY IF IT IS CLEAR TO A REASONABLE
VIEWER THAT THE IMAGE, RECORDING OR VIDEO HAS BEEN BOTH:
1. DIGITALLY MANIPULATED.
2. CREATED FOR THE PURPOSES OF ANY OF THE FOLLOWING:
(a) PARODY.
(b) COMEDY.
(c) ARTISTIC EXPRESSION.
(d) CRITICISM OF MATTERS OF PUBLIC CONCERN.}}
{{C.}}{{D.}} A violation of this section is a class 5 felony,
except that a violation of this section is a:
1. Class 4 felony if the image is disclosed by electronic means.
2. Class 1 misdemeanor if a person threatens to disclose but does
not disclose an image that if disclosed would be a violation of this
section or if the image is a realistic pictorial representation.
{{D.}}{{E.}} For the purposes of this section:
1. "Disclose" means display, distribute, publish, advertise or
offer.
2. "Disclosed by electronic means" means delivery to an email
address, mobile device, tablet or other electronic device and includes
disclosure on a website.
3. "Harm" means physical injury, financial injury or serious
emotional distress.
4. "IDENTIFIABLE {{INDIVIDUAL}}{{PERSON}}" MEANS A PERSON WHO IS
RECOGNIZABLE BY ANY PERSON, INCLUDING THE PERSON {{THEMSELF}}{{HIMSELF}},
BY ANY PART OF THE PERSON OR BY ANY OTHER INFORMATION THAT IS PART OF THE
DEPICTION.
4. 5. "Image" means a photograph, videotape, film, digital
recording{{, or}}{{or}} realistic pictorial representation {{OR SYNTHETIC
DEPICTION OF AN IDENTIFIABLE INDIVIDUAL}}.
5. 6. "Realistic pictorial representation":
(a) Means an image that is created or modified to reasonably appear
to be an actual image of an identifiable person depicted in a state of
nudity or engaged in specific sexual activities that did not actually
occur.
(b) Does not include an image made in the public interest,
including scientific or educational activities, a newsworthy event or an
issue of public concern.
6. 7. "Reasonable expectation of privacy" means the person
exhibits an actual expectation of privacy and the expectation is
reasonable.
7. 8. "Specific sexual activities" has the same meaning prescribed
in section 11-811, subsection E, paragraph 18, subdivisions (a) and (b).
8. 9. "State of nudity" has the same meaning prescribed in section
11-811, subsection E, paragraph 14, subdivision (a).
{{10. "SYNTHETIC DEPICTION" MEANS ANY VISUAL DEPICTION THAT IS
CREATED OR ALTERED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE, DIGITAL
MANIPULATION OR OTHER TECHNOLOGY AND THAT APPEARS TO DEPICT AN
IDENTIFIABLE INDIVIDUAL BUT THAT DOES NOT REPRESENT AN ACTUAL EVENT OR
CONDUCT INVOLVING THAT INDIVIDUAL.}}
Sec. 2. Heading change; transfer and renumber
A. The chapter heading of title 18, chapter 7, Arizona Revised
Statutes, is changed from "GOVERNMENT INFORMATION TECHNOLOGY USE" to
"SEXUAL MATERIAL ON THE INTERNET".
B. Title 18, chapter 7, Arizona Revised Statutes, is transferred
and renumbered for placement in title 44, Arizona Revised Statutes, as
chapter 30. Title 18, chapter 7, article 1, Arizona Revised Statutes, is
transferred and renumbered for placement in title 44, chapter 30, Arizona
Revised Statutes, as article 1. Section 18-701, Arizona Revised Statutes,
is transferred and renumbered for placement in title 44, chapter 30,
article 1, Arizona Revised Statutes, as section 44-7301.
Sec. 3. Title 44, chapter 30, article 1, Arizona Revised Statutes,
as transferred and renumbered, is amended by adding section 44-7302, to
read:
44-7302. Sexual material on the internet; verification and
consent   requirements;   records;  applicability;
civil penalties; definitions
A. A COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES
OR DISTRIBUTES, [OR] [AND] ALLOWS THE PUBLICATION OR DISTRIBUTION OF,
SEXUAL MATERIAL ON AN INTERNET WEBSITE SHALL DO ALL OF THE FOLLOWING:
1. REQUIRE EACH PERSON WHO UPLOADS OR PLACES THE SEXUAL MATERIAL ON
AN INTERNET WEBSITE TO VERIFY, USING REASONABLE {{CONSENT}} VERIFICATION
METHODS, {{THAT EACH INDIVIDUAL WHO IS DEPICTED IN THE SEXUAL
MATERIAL}}{{EITHER OF THE FOLLOWING}}:
(a) {{HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION,
DISTRIBUTION AND PUBLICATION OF}} {{THAT EACH INDIVIDUAL WHO IS DEPICTED
IN}}THE SEXUAL MATERIAL{{.
(b)}} {{HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION,
DISTRIBUTION AND PUBLICATION OF THE SEXUAL MATERIAL AND}}WAS AT LEAST
EIGHTEEN YEARS OF AGE AT THE TIME THE {{SEXUAL}} MATERIAL WAS CREATED.
{{(b.) THAT THE SEXUAL MATERIAL WAS CREATED BEFORE THE ENACTMENT OF
THE CHILD PROTECTION AND OBSCENITY ENFORCEMENT ACT OF 1988 (P.L. 100-690;
102 STAT. 4485) BY USING ANY OF THE FOLLOWING:
(i) AN AFFIDAVIT FROM THE UPLOADER OR CUSTODIAN OF RECORDS.
(ii) CONTEMPORANEOUS PUBLICATION OR COPYRIGHT RECORDS.
(iii) TECHNICAL METADATA.
(iv) ANY OTHER EVIDENCE THAT REASONABLY ESTABLISHES THE DATE THE
SEXUAL MATERIAL WAS FIRST FIXED IN A TANGIBLE MEDIUM.}}
2. MAINTAIN RECORDS OF THE VERIFICATION FOR AT LEAST SEVEN YEARS.
{{ON REQUEST, THE ATTORNEY GENERAL MAY INSPECT THE RECORDS.}}
3. IMPLEMENT REASONABLE MEASURES TO PREVENT THE UPLOADING OF SEXUAL
MATERIAL THAT DOES NOT HAVE VERIFIED CONSENT, INCLUDING USING AUTOMATED
DETECTION TOOLS WHERE FEASIBLE.
{{B. A COMMERCIAL ENTITY MAY NOT RETAIN ANY IDENTIFYING INFORMATION
OF THE DEPICTED PERSON AFTER THE VERIFICATION IS COMPLETE EXCEPT AS
REQUIRED FOR THE RECORDKEEPING REQUIREMENTS PRESCRIBED IN THIS SECTION.
THE COMMERCIAL ENTITY MAY NOT CAUSE OR ALLOW ANY IDENTIFYING INFORMATION
TO BE TRANSMITTED TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY.
C.}}{{B.}} THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. A NEWS OR PUBLIC INTEREST BROADCAST OR PUBLICATION.
2. MATERIAL THAT IS DISTRIBUTED FOR BONA FIDE SCIENTIFIC, MEDICAL
OR EDUCATIONAL PURPOSES.
3. AN INTERNET SERVICE PROVIDER, AN INTERNET SERVICE PROVIDER'S
AFFILIATES OR SUBSIDIARIES, A SEARCH ENGINE OR A CLOUD SERVICE PROVIDER
THAT SOLELY PROVIDES ACCESS OR A CONNECTION TO OR FROM A WEBSITE OR OTHER
INFORMATION OR CONTENT ON THE INTERNET OR ON A FACILITY, SYSTEM OR NETWORK
THAT IS NOT UNDER THAT INTERNET SERVICE PROVIDER'S CONTROL, INCLUDING
TRANSMISSION, DOWNLOADING, INTERMEDIATE STORAGE, ACCESS SOFTWARE OR OTHER
SERVICES TO THE EXTENT THAT THE INTERNET SERVICE PROVIDER, SEARCH ENGINE
OR CLOUD SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CREATION OR DIRECT
HOSTING OF THE SEXUAL MATERIAL.
{{D.}}{{C.}} A COMMERCIAL ENTITY THAT PUBLISHES OR DISTRIBUTES
SEXUAL MATERIAL ON AN INTERNET WEBSITE WITHOUT {{OBTAINING VERIFIED
CONSENT FROM A DEPICTED INDIVIDUAL}}{{COMPLYING WITH SUBSECTION A OF THIS
SECTION AND}} IN VIOLATION OF THIS SECTION IS SUBJECT TO:
1. A CIVIL PENALTY OF $10,000 FOR EACH DAY OF THE VIOLATION.
2. ACTUAL DAMAGES.
3. COSTS AND REASONABLE ATTORNEY FEES.
4. ADDITIONAL RELIEF, INCLUDING INJUNCTIVE RELIEF.
{{D. THIS SECTION DOES NOT APPLY IF IT IS CLEAR TO A REASONABLE
VIEWER THAT THE IMAGE, RECORDING OR VIDEO HAS BEEN BOTH:
1. DIGITALLY MANIPULATED.
2. CREATED FOR THE PURPOSES OF ANY OF THE FOLLOWING:
(a) PARODY.
(b) COMEDY.
(c) ARTISTIC IMPRESSION.
(d) CRITICISM OF MATTERS OF PUBLIC CONCERN.}}
E. THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE THIS SECTION
AND, IN ADDITION TO ANY PENALTY PROVIDED FOR IN SECTION 13-3553, MAY SEEK
CIVIL PENALTIES OF UP TO $250,000 IF A MINOR IS DEPICTED IN THE SEXUAL
MATERIAL THAT IS PUBLISHED OR DISTRIBUTED IN VIOLATION OF THIS SECTION.
F. THE FOLLOWING PERSONS MAY BRING A CIVIL ACTION PURSUANT TO THIS
SECTION:
1. THE ATTORNEY GENERAL.
2. AN INDIVIDUAL WHO IS DEPICTED IN THE SEXUAL MATERIAL AND WHO DID
NOT CONSENT TO THE DEPICTION.
G. FOR THE PURPOSES OF THIS SECTION:
1. "COMMERCIAL ENTITY" HAS THE SAME MEANING PRESCRIBED IN SECTION
44-7301.
2. "CONSENT"    MEANS    AFFIRMATIVE,   CONSCIOUS    AND   VOLUNTARY
AUTHORIZATION THAT IS GIVEN BY AN INDIVIDUAL AND THAT IS DOCUMENTED AND
VERIFIABLE.
3. "DIRECT HOSTING":
(a) MEANS STORING SEXUAL MATERIAL ON SERVERS, SYSTEMS OR NETWORKS
THAT ARE CONTROLLED OR OPERATED BY THE COMMERCIAL ENTITY WHERE THE
COMMERCIAL ENTITY ENABLES USERS TO UPLOAD THE MATERIAL AND MAKES THE
MATERIAL ACCESSIBLE FOR VIEWING, DOWNLOADING, SHARING OR DISTRIBUTION BY
OTHER USES OR THE PUBLIC THROUGH THE ENTITY'S WEBSITE, APPLICATION OR
PLATFORM.
(b) DOES NOT INCLUDE ANY OF THE FOLLOWING:
(i) TRANSITORY DIGITAL NETWORK COMMUNICATIONS OR THE MERE PROVISION
OF INTERNET CONNECTIVITY OR ACCESS.
(ii) SYSTEM CACHING OR INTERMEDIATE STORAGE THAT IS INCIDENTAL TO
TRANSMISSION.
(iii) INFORMATION LOCATION TOOLS, INCLUDING SEARCH ENGINES, THAT
ONLY INDEX, LINK TO OR REFERENCE CONTENT THAT IS HOSTED BY A THIRD PARTY
WITHOUT STORING THE MATERIAL ON THE COMMERCIAL ENTITY'S CONTROLLED
SYSTEMS.
4. "DISTRIBUTE" HAS THE SAME MEANING PRESCRIBED IN SECTION 44-7301.
5. "IDENTIFIABLE INDIVIDUAL" MEANS A PERSON WHO IS RECOGNIZABLE BY
ANY PERSON, INCLUDING THE PERSON {{THEMSELF}} {{HIMSELF}}, BY ANY PART OF
THE PERSON OR BY ANY OTHER INFORMATION THAT IS PART OF THE DEPICTION.
6. "PUBLISH" HAS THE SAME MEANING PRESCRIBED IN SECTION 44-7301.
7. "REASONABLE {{CONSENT}} VERIFICATION METHODS":
(a) MEANS ANY COMMERCIALLY REASONABLE METHOD THAT IS REGULARLY USED
BY BUSINESSES TO VERIFY CONSENT, {{AGE OR THE DATE THE SEXUAL MATERIAL WAS
CREATED,}} WITHOUT REQUIRING OR ALLOWING THE USE OF ANY GOVERNMENT-ISSUED
DIGITAL IDENTIFICATION SYSTEM.
(b) INCLUDES:
(i) AN AFFIDAVIT THAT ATTESTS TO THE CONSENT AND AGE OF EACH
DEPICTED PERSON {{OR THAT ATTESTS TO THE DATE THE SEXUAL MATERIAL WAS
CREATED IF THE SEXUAL MATERIAL WAS CREATED BEFORE THE ENACTMENT OF THE
CHILD PROTECTION AND OBSCENITY ENFORCEMENT ACT OF 1988 (P.L. 100-690; 102
STAT. 4485)}}.
(ii) A VERIFICATION THROUGH AN INDEPENDENT THIRD PARTY.
(iii) ANY OTHER COMMERCIALLY REASONABLE METHOD {{THAT DOES NOT
RETAIN IDENTIFYING INFORMATION AFTER THE VERIFICATION IS COMPLETE}}.
8. "SEXUAL MATERIAL" INCLUDES:
(a) SEXUAL MATERIAL THAT IS HARMFUL TO MINORS AS DEFINED IN SECTION
44-7301.
(b) A SYNTHETIC DEPICTION INVOLVING SEXUAL MATERIAL OF AN
IDENTIFIABLE INDIVIDUAL.
9. "SYNTHETIC DEPICTION" MEANS ANY VISUAL DEPICTION THAT IS CREATED
OR   ALTERED  THROUGH   THE  USE   OF  ARTIFICIAL   INTELLIGENCE,  DIGITAL
MANIPULATION OR OTHER TECHNOLOGY AND THAT APPEARS TO DEPICT AN
IDENTIFIABLE INDIVIDUAL BUT THAT DOES NOT REPRESENT AN ACTUAL EVENT OR
CONDUCT INVOLVING THAT INDIVIDUAL.
Sec. 4. Severability
If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the act that can be given effect without the
invalid provision or application, and to this end the provisions of this
act are severable.
Sec. 5. Short title
This act may be cited as the "Protect Act".
Enroll and engross to conform
Amend title to conform

At a Glance

Status

Vetoed by Governor

Jun 19, 2026

First Action

Jan 6, 2026

Latest Passage

Jun 11, 2026

Sponsor

Nick Kupper

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