Substitute Senate Bill No. 1440 introduces the crime of unlawful dissemination of an intimate synthetically created image, set to take effect on October 1, 2025. This new offense targets the intentional sharing of images that depict certain body parts or sexual acts without the consent of the individual involved, particularly when these images are synthetically created to mislead viewers into believing they are real. The bill defines key terms such as "synthetically created image," "disseminate," and "harm," and outlines the penalties based on the method of dissemination and the intent behind the action. For example, sharing such an image with one person is classified as a class D misdemeanor, while sharing it with multiple individuals through an interactive computer service can escalate to a class C misdemeanor or a class D felony if intent to harm is established.

The bill also includes provisions that protect service providers from liability for content created by others, specifically for interactive computer services, information services, and telecommunications services. This means that these providers will not be held accountable for the unlawful dissemination of intimate images by their users. The penalties for unlawful dissemination vary significantly; if the intent to harm is present, sharing an image with one person is classified as a class A misdemeanor, while sharing it with multiple people can lead to a class D felony. Conversely, if there is no intent to harm, the penalties are reduced to a class D misdemeanor or a class C misdemeanor, depending on the circumstances. The bill received unanimous support from the Judiciary Committee.

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