Assigned to TTMC AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1336
deep fake recordings or images
Purpose
Deems intentionally disseminating a nonconsensual deep fake recording or image to be
unlawful and classifies the offense as a class 6 or class 4 felony, as prescribed, and excludes
specified content.
Background
A person is guilty of a class 6 felony who knowingly places explicit sexual material on
public display or fails to take prompt action to remove such a display from property in the person's
possession or under the person's control after learning of its existence. A person is guilty of a class
5 felony who, with knowledge of the character of the item involved, knowingly produces,
publishes, sells, possesses or presents obscene items for the purposes of sale or commercial
distribution (A.R.S. §§ 13-3502 and 13-3507). Class 6 and class 4 felonies carry presumptive
prison sentences of 1 year and 2.5 years, respectively (A.R.S. § 13-702).
Interactive computer service is 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).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems, as unlawful, intentionally disseminating a deep fake recording or image if:
a) the person that intentionally creates and disseminates the recording or image knows, or
reasonably should know, that the depicted individual does not consent to the dissemination;
b) the recording or image realistically depicts:
i. the intimate parts of another individual that are presented as the intimate parts of the
depicted individual;
ii. intimate parts that are generated by synthetic media and presented as the intimate parts
of the depicted individual; or
iii. the depicted individual engaging in a sexual act; and
c) the depicted individual is identifiable:
i. from the recording or image itself;
ii. by the depicted individual; or
iii. from the personal information that is displayed in connection with the recording or
image. FACT SHEET – Amended
S.B. 1336
Page 2
2. Classifies, as a class 6 felony, the unlawful dissemination of deep fake recordings or images.
3. Classifies, as a class 4 felony, the unlawful dissemination of deep fake recordings or images,
if the depicted individual suffers any financial loss due to the dissemination or the person:
a) disseminates the recording or image with the intent to profit from the dissemination or to
harass the depicted individual;
b) maintains an internet website, online service or application, or mobile application to
disseminate the recording or image;
c) posts the recording or image on an internet website;
d) obtains the recording or image by committing theft, criminal trespass, computer tampering
or unauthorized computer access; or
e) has previously been convicted of the unlawful dissemination of deep fake recordings or
images.
4. Exempts an interactive computer service from being liable for an unlawful deep fake
dissemination for content that is:
a) created or developed by another person or entity, in whole or in part; and
b) provided through the internet or any other interactive computer service.
5. Defines a deep fake recording or image as any video or sound recording, motion picture film,
electronic image or photograph or any technological representation of speech or conduct
substantially derivative thereof and that both:
a) appears to authentically depict any speech or conduct of an individual who did not in fact
engage in the speech or conduct; and
b) the production of which was substantially dependent on technical means rather than the
ability of another individual to physically or verbally impersonate the individual.
6. Defines dissemination as distribution to one or more persons, other than the depicted
individual, or publication by any publicly available medium.
7. Defines a depicted individual as an individual in a deep fake recording or image who appears
to be engaging in speech or conduct that in which the individual did not engage.
8. Defines a sexual act as either:
a) sexual contact which is the intentional touching of intimate parts or intentional touching
with seminal fluid or sperm onto another individual's body; or
b) sexual penetration which is:
i. sexual intercourse, cunnilingus, fellatio or anal intercourse; or
ii. any intrusion, however slight, into the genital or anal opening of an individual by
another's body part or an object used by another for this purpose.
9. Defines intimate parts as the genitals, pubic area or anus of an individual, or if the individual
is female, a partially or fully exposed nipple.
10. Defines personal information as any identifier that permits communication or in-person
contact with a person, including a person's:
a) first and last names, first initial and last name, first name and last initial or nickname;
b) home, school or work address; FACT SHEET – Amended
S.B. 1336
Page 3
c) telephone number, email address or social media account information; and
d) geolocation data.
11. Defines social media as any electronic medium, including an interactive computer service or
telephone or data network that allows users to create, share and view user-generated content.
12. Defines harass as an act that would cause a substantial adverse effect on the safety, security or
privacy of a reasonable person.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Modifies the unlawful dissemination of a deep fake recording or image as follows:
a) adds that the person must intentionally create the recording or images and know, or should
know, that the depicted individual does not consent to the dissemination;
b) the recording or image realistically depicts intimate parts that are:
i. generated by synthetic media, rather than artificially generated; and
ii. presented as the depicted individual's intimate parts; and
c) removes that the depicted individual is identifiable by another person.
2. Adds an exemption from liability for specified content.
3. Makes conforming changes.
Senate Action
TTMC 2/12/24 DP 5-2-0
Prepared by Senate Research
March 11, 2024
KJA/slp