Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1462
computer-generated pictorial representations; unlawful disclosure
Purpose
Stipulates that, if an image depicting a person in a state of nudity or sexual activity is a
computer-generated pictorial representation, the depicted person need not have a reasonable
expectation of privacy for the nonconsensual disclosure of such image to be considered unlawful.
Background
It is unlawful for a person to intentionally disclose an image of another person who is
identifiable from the image itself, or from information displayed in connection with the image, if:
1) the person in the image is depicted in a state of nudity or is engaged in specific sexual activities;
2) the depicted person has a reasonable expectation of privacy; and 3) the image is disclosed with
the intent to harm, harass, intimidate, threaten or coerce the depicted person. Evidence that a person
sent the image to another using an electronic device does not negate the depicted person's
reasonable expectation of privacy on its own. Instances when the disclosure of such images is not
considered unlawful include: 1) reporting unlawful conduct; 2) lawful and common practices of
law enforcement, criminal reporting, legal proceedings or medical treatment; 3) images involving
voluntary exposure in a public or commercial setting; 4) an interactive computer service or
information service as defined in federal statute; and 5) any disclosure that is made with the consent
of the person who is depicted in the image.
A violation is classified as a class 5 felony, or a class 4 felony if the disclosure occurs
through electronic means, or a class 1 misdemeanor if the disclosure is threatened but does not
actually occur. Reasonable expectation of privacy means the person exhibits an actual expectation
of privacy and the expectation is reasonable (A.R.S. ยง 13-1425).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that, if an image depicting a person in a state of nudity or sexual activity is a
computer-generated pictorial representation, the depicted person need not have a reasonable
expectation of privacy for the nonconsensual disclosure of such image to be considered
unlawful.
2. Modifies the definition of image in this context to include a computer-generated pictorial
representation.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
ZD/ci