Assigned to JUDE AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR H.B. 2678
indistinguishable; visual depiction; definition.
Purpose
Modifies certain definitions relating to the sexual exploitation of children criminal
classification to account for images created or modified by means of computer software, artificial
intelligence or other digital editing tools.
Background
Statute outlines several criminal classifications specifically relating to the sexual
exploitation of children, including commercial sexual exploitation of a minor, admitting minors to
public displays of sexual conduct and aggravated luring of a minor for sexual exploitation (Title
13, Chapter 35.1). For the purposes of these classifications, a visual depiction is defined as a visual
image that is contained in an undeveloped film, videotape or photograph or data stored in any form
and that is capable of conversion into a visual image, and a minor is defined as a person who was
under 18 years old at the time a visual depiction was created, adapted or modified (A.R.S. §
13-3551).
The Joint Legislative Budget Committee fiscal note estimates that H.B. 2678 could result
in additional costs to the courts and the Arizona Department of Corrections, Rehabilitation and
Reentry, to the extent that changes to certain definitions could result in additional prosecutions and
convictions, but an exact impact cannot be determined in advance (JLBC fiscal note).
Provisions
1. Modifies the definition of visual depiction to include undeveloped films, videotapes or
photographs, regardless of whether the image is created or modified by means of computer
software, artificial intelligence or other digital editing tools.
2. Modifies the definition of minor to include visual depictions of minors that are
indistinguishable from an actual minor.
3. Defines indistinguishable as a visual depiction such that a person viewing the depiction would
reasonably conclude that the depiction is of an actual minor.
4. Modifies the definition of dangerous crime against children (DCAC) to include sexual
exploitation of a minor and commercial sexual exploitation of a minor when the offense
involves a visual depiction that is indistinguishable from an actual minor under 15 years old.
5. Makes conforming changes.
6. Becomes effective on the general effective date. FACT SHEET – Amended
H.B. 2678
Page 2
Amendments Adopted by Committee of the Whole
• Modifies the definition of a DCAC to specify that both sexual exploitation of a minor and
commercial sexual exploitation of a minor involving a visual depiction that is indistinguishable
from an actual minor under 15 years old are considered DCACs.
House Action Senate Action
JUD 2/12/25 DP 6-3-0-0 JUDE 3/5/25 DP 7-0-0
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Read 2/20/25 41-17-2
Prepared by Senate Research
March 31, 2025
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