Enrolled Copy S.B. 271
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Unauthorized Artificial Intelligence Impersonation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jordan D. Teuscher
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LONG TITLE
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General Description:
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This bill modifies provisions relating to the unauthorized use of an individual's personal
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identity, including use through artificial intelligence technology.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ expands the scope of what constitutes abuse of personal identity to include unauthorized
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commercial use of simulated or artificially recreated personal identities;
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▸ prohibits the distribution of technology primarily designed for unauthorized creation of
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content using personal identities for commercial purposes;
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▸ creates exemptions for certain fair uses of personal identity; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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45-3-2, as last amended by Laws of Utah 1999, Chapter 146
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45-3-3, as last amended by Laws of Utah 2023, Chapter 424
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45-3-4, as enacted by Laws of Utah 1981, Chapter 95
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45-3-5, as enacted by Laws of Utah 1981, Chapter 95
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ENACTS:
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45-3-7, Utah Code Annotated 1953 S.B. 271 Enrolled Copy
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 45-3-2 is amended to read:
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45-3-2 . Definitions.
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As used in this act:
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(1) "Advertisement" means a notice designed to attract public attention or patronage and
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includes a list of supporters for a particular cause.
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(2) "Cause the publication" means[ ] :
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(a) that a person:
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(i) prepares or requests another to prepare:
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(A) an advertisement of the type described in Subsection 45-3-3(1)[,] ; or
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(B) [and that person ] content that uses, simulates, or recreates an individual's
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personal identity; and
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(ii) submits or requests another to submit the advertisement [to a publisher,] or
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content for publication; and
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(b) the advertisement or content has been published.
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(3)(a) "Consent" means [a person's] an individual's voluntary agreement to the use of that [
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person's name, title, picture, or portrait] individual's personal identity.
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(b) "Consent" may not be inferred by the failure of the [person ] individual to request that
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the [person's name, title, picture, or portrait] individual's personal identity not be used
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or that the [person's] individual's name be removed from a mailing or supporter list.
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(4) "Content" means audio, video, image, text, or other media, regardless of format.
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[(4)] (5) "Generative artificial intelligence" means an artificial intelligence technology
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system that:
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(a) is trained on data;
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(b) is designed to simulate human conversation with a consumer through one or more of
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the following:
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(i) text;
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(ii) audio; or
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(iii) visual communication; and
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(c) generates non-scripted outputs similar to outputs created by a human, with limited or
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no human oversight.
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(6) "Individual" means a natural person.
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[(5)] (7) "Person" means any natural person, firm, partnership, association, corporation, joint
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venture, or any other form of business organization or arrangement, and the agents or
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representatives of such persons.
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[(6)] (8)(a) "Personal identity" means an individual's:
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(i) name[,] ;
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(ii) title[,] ;
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(iii) picture[, or ] ;
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(iv) portrait[.] ;
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(v) video likeness;
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(vi) voice; or
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(vii) audiovisual appearance.
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(b) "Personal identity" includes any simulation, reproduction, or artificial recreation of
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the content described in Subsection (8)(a), whether created through:
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(i) generative artificial intelligence;
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(ii) computer animation;
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(iii) digital manipulation; or
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(iv) any other technological means.
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[(7)] (9) "Publish" means that a person provides the instrumentality through which an
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advertisement or content is communicated to the public at large or to a significant
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portion thereof.
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(10) "Voice" means a computer-generated sound in a medium that is readily identifiable
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and attributable to a particular individual, regardless of whether the sound contains the
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actual voice of the individual.
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Section 2. Section 45-3-3 is amended to read:
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45-3-3 . Acts constituting abuse -- Permitting prosecution.
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(1) Except for purposes of the criminal penalty in Section 76-9-407, the personal identity of
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an individual is abused if:
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[(a) an advertisement is published in which the personal identity of that individual is
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used in a manner which expresses or implies that the individual approves, endorses,
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has endorsed, or will endorse the specific subject matter of the advertisement; and]
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[(b) consent has not been obtained for such use from the individual, or if the individual
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is a minor, then consent of one of the minor's parents or consent of the minor's legally
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appointed guardian.]
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(a)(i) content containing the personal identity of an individual is used for purposes of:
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(A) advertising products, merchandise, goods, or services;
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(B) fundraising;
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(C) solicitation of donations; or
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(D) purchases of products, merchandise, goods, or services;
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(ii) the use:
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(A) expresses or implies that the individual approves, endorses, has endorsed, or
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will endorse the specific subject matter;
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(B) creates a likelihood of confusion as to the participation, association, or
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connection of the individual; or
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(C) creates a false impression that the individual participated in or approved the
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use; and
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(iii) consent has not been obtained from the individual.
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(b) the person knowingly distributes, sells, or licenses any technology, software, or tool
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whose intended primary purpose is the unauthorized creation or modification of
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content that includes an individual's personal identity for commercial purposes.
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(2) Nothing in this part prohibits prosecution of abuse of personal identity under Section
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76-9-407.
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(3) The personal identity of an individual is not abused if the individual's personal data or
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publicly available information:
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(a) was lawfully obtained;
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(b) is used to preview, advertise, or promote the sale of a product, service, or
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subscription, including the sale of a product, service, or subscription of which the
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individual's personal data or publicly available information is or may be a part; and
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(c) is not used in a way that expresses or implies that the individual approves, endorses,
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has endorsed, or will endorse the product, service, or subscription being previewed,
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advertised, or promoted.
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Section 3. Section 45-3-4 is amended to read:
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45-3-4 . Cause of action for abuse -- Remedies.
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An individual whose personal identity has been abused under Section 45-3-3 of this
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act may bring an action against a person who caused the publication of the advertisement or
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content, and is entitled to injunctive relief, damages alleged and proved, exemplary damages,
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and reasonable attorney's fees and costs.
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Section 4. Section 45-3-5 is amended to read:
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45-3-5 . Action against publisher -- Grounds -- Remedies.
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(1) An individual whose personal identity has been abused under Section 45-3-3 of this act
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may bring an action against a person who published the advertisement or content:
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(a) if the advertisement or content, on its face is such that a reasonable person would
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conclude that it is unlikely that an individual would consent to such use; and
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(b) the publisher did not take reasonable steps to assure that consent was obtained.
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(2) In an action under this section, the plaintiff shall be entitled to injunctive relief, damages
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alleged and proved, exemplary damages, and reasonable attorney's fees and costs.
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Section 5. Section 45-3-7 is enacted to read:
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45-3-7 . Exemptions.
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(1) A person does not violate Section 45-3-3 or Section 45-3-4 if the person uses an
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individual's personal identity in:
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(a) connection with a news, public affairs, or sports broadcast, including the promotion
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of and advertising for a sports broadcast, an account of public interest, or a political
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campaign;
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(b) a play, book, magazine, newspaper, musical composition, visual work, work of art,
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audiovisual work, radio or television program if it is fictional or nonfictional
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entertainment, or a dramatic, literary, or musical work;
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(c) a work of political, public interest, or newsworthy value, including a comment,
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criticism, parody, satire, or a transformative creation of a work of authorship; or
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(d) an advertisement or commercial announcement for a work described in this
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Subsection (1).
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(2) The use of personal identity in a commercial medium does not constitute a use for
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purposes of advertising or solicitation solely because the material containing such use is
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commercially sponsored or contains paid advertising.
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(3) This part may not apply to, and nothing in this part may be construed to impose liability
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or culpability on, an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for
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content provided by another person.
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Section 6. Effective Date.
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This bill takes effect on May 7, 2025.
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