Fiscal Note
BILL # HB 2678 TITLE: indistinguishable; visual depiction; definition.
SPONSOR: Willoughby STATUS: House Engrossed
PREPARED BY: Geoffrey Paulsen
Description
The bill would expand certain statutory definitions and add a new definition for terms relating to offenses for sexual
exploitation of children.
Estimated Impact
The bill could result in additional costs to the Courts and to the Department of Corrections (ADC) to the extent that these
definitions result in additional prosecutions and convictions. We are unable to estimate those impacts in advance.
Analysis
A.R.S. Title 13, Chapter 35.1 outlines offenses for sexual exploitation of a minor and defines certain terms such as "minor"
and "visual depiction" related to those offenses. The punishments for these crimes range from a class 1 misdemeanor to
a class 2 felony.
The bill would expand the definition of a "minor" to include a visual depiction that is indistinguishable from an actual
minor. The bill further defines "indistinguishable" as a visual depiction such that a person would reasonably conclude that
the depiction is of an actual minor. Finally, the bill would expand the definition of "visual depiction" to include any image
that is created or modified by computer software, artificial intelligence or other editing tools.
Local Government Impact
None
2/27/25