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SB 1462

PEN CD-POLICE-VARIOUS

104th Regular Session Introduced by Rob Martwick

Arizona SB 1462 expands nonconsensual-image law to cover realistic AI depictions, narrows third-party deepfake privacy, and raises penalties for electronic disclosures and threats.

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Bill Summary · SB 1462

Summary — SB 1462 (Arizona) — Computer‑generated / Realistic Pictorial Representations; Unlawful Disclosure

Status: Chaptered (approved by Governor May 2, 2025)
Introduced: Feb 20, 2025 — Sponsor: Sen. Mesnard
Statute amended: Arizona Revised Statutes §13‑1425 (Unlawful disclosure of images depicting nudity or specific sexual activities)

Purpose / Intent

SB 1462 updates Arizona’s nonconsensual‑image statute (commonly used against “revenge porn”) to address images that are computer‑generated or otherwise realistically modified to depict an identifiable person nude or engaged in sexual activity. The bill clarifies when such “realistic pictorial representations” are treated as covered “images” under the law and creates limited carve‑outs and additional definitions to reflect advances in AI/digital editing.

Key provisions (final/chaptered version)

  • Maintains the core prohibition: intentionally disclosing an identifiable person’s image that depicts nudity or specific sexual activities is unlawful when:
    1. the person is depicted nude or engaged in specific sexual activities;
    2. the depicted person has a reasonable expectation of privacy; and
    3. the disclosure is done with intent to harm, harass, intimidate, threaten, or coerce.
  • Clarifies the effect of electronic transmission: evidence that a person sent an image by electronic device does not, on its own, eliminate their reasonable expectation of privacy.
  • Adds and defines “REALISTIC PICTORIAL REPRESENTATION” and expands the statutory definition of “image” to include such representations (i.e., not only photographs or recordings).
    • “Realistic pictorial representation” means an image created or modified to reasonably appear to be an actual image of an identifiable person depicted nude or engaged in sexual activity that did not actually occur.
    • Excludes images made in the public interest (scientific/educational activities, newsworthy events, or public‑issue matters).
  • Carve‑out: the statute’s privacy‑expectation provision does not apply to a realistic pictorial representation unless the realistic representation was created or modified by the depicted person. (In effect, this narrows privacy protection for third‑party created deepfakes.)
  • Penalties:
    • Default offense remains a class 5 felony.
    • Disclosure by electronic means is elevated to a class 4 felony.
    • Threatening to disclose an image that would violate the statute is a class 1 misdemeanor; the chaptered version also treats threats involving realistic pictorial representations as a class 1 misdemeanor.
  • Exceptions (unchanged/clarified): reporting unlawful conduct; common law‑enforcement/legal/medical practices; voluntary public/commercial exposure; content wholly provided by another party (interactive computer services and cable services now referenced); disclosures made with consent.

Who is affected

  • Potential victims: persons whose actual intimate images are disclosed (retains protection) and persons potentially targeted by AI‑generated or edited erotic images — though protection is narrower for third‑party deepfakes unless the depicted person created/modified the image.
  • Perpetrators: individuals who disclose intimate images (including via electronic means) remain criminally liable under the statute; threats to disclose are misdemeanor conduct.
  • Platforms: interactive computer services and cable services are carved out with respect to content supplied wholly by another party (i.e., typical Section 230‑style safe harbor language applies).
  • Law enforcement and prosecutors: will apply the new definitions and exceptions in charging and proof (notably the treatment of realistic/computer‑generated images and intent to harm).

Procedural timeline / effective date

  • Introduced Feb 20, 2025; passed both chambers in April 2025; signed by the Governor and filed with Secretary of State on May 2, 2025 (Chapter 106). No separate delayed effective date is specified in the chaptered text provided; typically becomes effective as provided by law (often on filing date) — consult the official session laws for exact effective date.

Practical impact / considerations

  • The law modernizes the statute to account for digitally created or altered images, but it narrows privacy protection for AI‑generated sexual images created by third parties (unless the depicted person themselves created/modified the image). That distinction may limit criminal remedies available to victims of nonconsensual “deepfake” pornography while preserving penalties for disclosure of genuine intimate images and for threats to disclose realistic representations. Implementation will depend on prosecutorial interpretation of the new definitions (e.g., proving creation/ modification by the depicted person, and demonstrating intent to harm).

Compiled from official sources — confirm details with the bill’s official record.

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