Assigned to JUDE AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
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
realistic pictorial representation, the depicted person need not have a reasonable expectation of
privacy for the nonconsensual disclosure of such image to be considered unlawful, unless the
image was created or modified by the depicted person themselves.
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. § 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 realistic
pictorial representation, the depicted person need not have a reasonable expectation of privacy
for the nonconsensual disclosure of such image to be considered unlawful, unless the image
was created or modified by the depicted person themselves.
2. Classifies unlawfully disclosing a realistic pictorial representation depicting a person who is
in a state of nudity or engaged in specific sexual activities that did not actually occur as a class
1 misdemeanor. FACT SHEET – Amended
S.B. 1462
Page 2
3. Defines realistic pictorial representation as an image that is created or modified to reasonably
appear to be an actual image of an identifiable person depicted in a state of nudity or engaged
in specific sexual activities that did not actually occur, except for an image made in the public
interest, including scientific or educational activities, a newsworthy event or an issue of public
concern.
4. Modifies the definition of image in this context to include a realistic pictorial representation.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Adds a definition for computer-generated pictorial representation.
2. Makes a technical clarification.
Amendments Adopted by Committee of the Whole
1. Exempts, from the definition of a computer-generated pictorial representation, an image that
is made in the public interest, including scientific or education activities, a newsworthy event
or on issue of public concern.
2. Makes technical and clarifying changes.
Amendments Adopted by the House of Representatives
1. Replaces the term computer-generated pictorial representation with the term realistic pictorial
representation and modifies the definition of the term by removing reference to the image
being modified by various digital means, and instead requiring the image to depict a state of
nudity or specific sexual activities that did not actually occur.
2. Stipulates that the exception to the reasonable expectation of privacy criteria used to determine
if disclosure of nude images is unlawful does not apply if the image was created or modified
by the depicted person themselves.
3. Decreases the penalty for unlawfully disclosing realistic pictorial representations as outlined
from a class 5 felony to a class 1 misdemeanor.
4. Makes technical changes.
Senate Action House Action
JUDE 2/12/25 DPA 4-2-1 JUD 3/26/25 DP 8-1-0-0
3
rd
Read 3/13/25 28-0-2 3
rd
Read 4/17/25 33-24-3
Prepared by Senate Research
April 21, 2025
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