Senate Bill No. 1440 introduces the crime of unlawful dissemination of an intimate synthetically created image, which is defined as any image that is not entirely captured by a camera and depicts an identifiable person in a way that closely resembles a real image. A person commits this offense if they intentionally share such an image without the consent of the individual depicted, knowing it is synthetically created, and with the intent to mislead viewers into believing it is authentic. The bill outlines exceptions where the law does not apply, such as when the individual voluntarily exposed themselves in public or is not easily identifiable.

The bill establishes a tiered penalty system based on the method of distribution and the intent behind the dissemination. If an image is shared with the intent to harm, it is classified as a class A misdemeanor for single recipients and a class D felony for multiple recipients via interactive computer services. In cases without harmful intent, the penalties are reduced to a class D misdemeanor for single recipients and a class C misdemeanor for multiple recipients. Furthermore, the bill protects service providers from liability for content created by others, ensuring they are not held accountable for the unlawful dissemination of intimate images by their users. The provisions of this bill will take effect on October 1, 2025.

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