13-72b-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2027

As used in this chapter:

(1)"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101 .

(2)"Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent:

(a)is specific to the particular intimate image being generated;

(b)is obtained before the generation of the intimate image; and

(c)may be revoked at any time.

(3)"Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act.

(4)"Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.

(a)"Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration.

(b)"Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user.

(6)"Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology.

(7)"Generation service" means a person that operates, maintains, or provides an interactive computer service that:

(a)enables users to generate intimate images;

(b)processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and

(c)distributes generated intimate images to users through the service.

(8)"Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute.

(9)"Interactive computer service" means the same as that term is defined in 47 U.S.C. Sec. 230(f)(2).

(10)"Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act.

(11)"Reasonable expectation of privacy" means an individual's expectation that:

(a)the individual's body will not be viewed, recorded, or depicted in an intimate image without the individual's knowledge and consent; and

(b)an intimate image of the individual will not be generated, created, distributed, or manipulated without the individual's knowledge and consent.

(12)"Sexually explicit conduct" means the same as that term is defined in 18 U.S.C. Sec. 2256(2)(A).

(13)"Take It Down Act" means the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, Public Law 119-12, codified at 47 U.S.C. Sec. 230 note.

Enacted by Chapter 352 , 2026 General Session