sexual material; consent; synthetic depiction, the official text

PREFILED    JAN 06 2026

REFERENCE TITLE: sexual material; consent; synthetic depiction

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2133

Introduced by

Representative
Kupper

AN
ACT

amending section 13-1425, Arizona
Revised Statutes; providing for transferring and RENUMBERING; amending title
44, chapter 30, article 1, Arizona Revised Statutes, as TRANSFERRED and
renumbered, by adding section 44-7302; relating to the disclosure of
sexual material.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1425, Arizona Revised
Statutes, is amended to read:

START_STATUTE13-1425. Unlawful disclosure of images depicting states of nudity or
specific sexual activities; classification; definitions

A. 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 all of the
following apply:

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.  Evidence that a person has sent an image to another person using
an electronic device does not, on its own, remove the person's reasonable
expectation of privacy for that image. Unless the realistic
pictorial representation is created or modified by the depicted person, this
paragraph does not apply to an image that is a realistic pictorial
representation.

3. The image is disclosed with the intent to harm,
harass, intimidate, threaten or coerce the depicted person.

B. This section does not apply to any of the
following:

1. The reporting of 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, as defined in 47
United States Code section 230(f)(2), or an information service or cable
service, as defined in 47 United States Code section 153, with regard to
content wholly provided by another party.

5. Any disclosure that is made with the consent of
the person who is depicted in the image.

C. A violation of this section is a class 5 felony,
except that a violation of this section is a:

1. Class 4 felony if the image is disclosed by
electronic means.

2. Class 1 misdemeanor if a person threatens to
disclose but does not disclose an image that if disclosed would be a violation
of this section or if the image is a realistic pictorial representation.

D. For the purposes of this section:

1. "Disclose" means display, distribute,
publish, advertise or offer.

2. "Disclosed by
electronic means" means delivery to an email address, mobile device,
tablet or other electronic device and includes disclosure on a website.

3. "Harm"
means physical injury, financial injury or serious emotional distress.

4. "Identifiable
individual" means a person who is recognizable by any person, including
the person themself, by any part of the person or by any other information that
is part of the depiction.

[4.] 5. "Image"
means a photograph, videotape, film, digital recording, or realistic pictorial representation or
synthetic depiction of an identifiable individual.

[5.] 6. "Realistic
pictorial representation":

(a) Means 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.

(b) Does not include an image made in the public
interest, including scientific or educational activities, a newsworthy event or
an issue of public concern.

[6.] 7. "Reasonable
expectation of privacy" means the person exhibits an actual expectation of
privacy and the expectation is reasonable.

[7.] 8. "Specific
sexual activities" has the same meaning prescribed in section 11-811,
subsection E, paragraph 18, subdivisions (a) and (b).

[8.] 9. "State
of nudity" has the same meaning prescribed in section 11-811,
subsection E, paragraph 14, subdivision (a).

10. "Synthetic depiction"
means any visual depiction that is created or altered through the use of
artificial intelligence, digital manipulation or other technology and that
appears to depict an identifiable individual but that does not represent an
actual event or conduct involving that individual.

Sec. 2. Heading change;
transfer and renumber

A. The chapter heading of
title 18, chapter 7, Arizona Revised Statutes, is changed from "government information technology use" to "sexual material on the
internet".

B. Title 18, chapter 7,
Arizona Revised Statutes, is transferred and renumbered for placement in title
44, Arizona Revised Statutes, as chapter 30. Title 18, chapter 7,
article 1, Arizona Revised Statutes, is transferred and renumbered for
placement in title 44, chapter 30, Arizona Revised Statutes, as article
1. Section 18-701, Arizona Revised Statutes, is transferred
and renumbered for placement in title 44, chapter 30, article 1, Arizona
Revised Statutes, as section 44-7301.

Sec. 3. Title
44, chapter 30, article 1, Arizona Revised Statutes, as transferred and
renumbered, is amended by adding section 44-7302, to read:

START_STATUTE44-7302. Sexual material on the internet; verification and consent
requirements; records; applicability; civil penalties; definitions

A. A commercial entity that knowingly
and intentionally publishes or distributes, or allows the publication or
distribution of, sexual material on an internet website shall do all of the
following:

1. Require each person who uploads or
places the sexual material on an internet website to verify, using reasonable
consent verification methods, that each individual who is depicted in the
sexual material:

(a) Has
provided explicit informed consent to the creation, distribution and
publication of the sexual material.

(b) Was at
least eighteen years of age at the time the material was created.

2. Maintain records of the
verification for at least seven years.  On request, the attorney general may
inspect the records.

3. Implement reasonable measures to
prevent the uploading of sexual material that does not have verified consent,
including using automated detection tools where feasible.

B. A commercial entity may not retain
any identifying information of the depicted person after the verification is
complete except as required for the recordkeeping requirements prescribed in
this section.  The commercial entity may not cause or allow any identifying
information to be transmitted to any federal, state or local government entity.

C. This section does not apply to any
of the following:

1. A news or public interest
broadcast or publication.

2. Material that is distributed for
bona fide scientific, medical or educational purposes.

D. A commercial entity that publishes
or distributes sexual material on an internet website without obtaining
verified consent from a depicted individual in violation of this section is
subject to:

1. A civil penalty of $10,000 for
each day of the violation.

2. Actual damages.

3. Costs and reasonable attorney
fees.

4. Additional relief, including
injunctive relief.

E. The attorney general may bring an
action to enforce this section and, in addition to any penalty provided for in
section 13-3553, may seek civil penalties of up to $250,000 if a minor is
depicted in the sexual material that is published or distributed in violation
of this section.

F. The following persons may bring a
civil action pursuant to this section:

1. The attorney general.

2. An individual who is depicted in
the sexual material and who did not consent to the depiction.

G. For the purposes of this section:

1. "Commercial entity" has
the same meaning prescribed in section 44-7301.

2. "Consent" means
affirmative, conscious and voluntary authorization that is given by an
individual and that is documented and verifiable.

3. "Distribute" has the
same meaning prescribed in section 44-7301.

4. "Identifiable
individual" means a person who is recognizable by any person, including
the person themself, by any part of the person or by any other information that
is part of the depiction.

5. "Publish" has the same
meaning prescribed in section 44-7301.

6. "Reasonable consent
verification methods":

(a) Means any
commercially reasonable method that is regularly used by businesses to verify
consent, without requiring or allowing the use of any government-issued
digital identification system.

(b) Includes:

(i) An
affidavit that attests to the consent and age of each depicted person.

(ii) A
verification through an independent third party.

(iii) Any other
commercially reasonable method that does not retain identifying information
after the verification is complete.

7. "Sexual material"
includes:

(a) Sexual
material that is harmful to minors as defined in section 44-7301.

(b) A synthetic
depiction involving sexual material of an identifiable individual.

8. "Synthetic depiction"
means any visual depiction that is created or altered through the use of
artificial intelligence, digital manipulation or other technology and that
appears to depict an identifiable individual but that does not represent an
actual event or conduct involving that individual.

Sec. 4. Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.

Sec. 5. Short title

This act may be cited as the
"Protect Act".