Substitute Senate Bill No. 1440 introduces the crime of unlawful dissemination of an intimate synthetically created image, effective October 1, 2025. This new offense is defined as the intentional sharing of images that depict certain body parts or individuals engaged in sexual acts without their consent, where the disseminator is aware that the image is synthetically created and aims to mislead viewers into believing it is a real representation. The bill provides specific definitions for terms such as "disseminate," "harm," and "synthetically created image," while also outlining exemptions for images that result from voluntary exposure in public or commercial contexts, or when the individual is not easily identifiable.

The legislation establishes a tiered penalty system for unlawful dissemination based on the distribution method and the intent to harm the depicted individual. If the dissemination is intended to cause harm, it is classified as a class A misdemeanor for one recipient or a class D felony for multiple recipients via interactive computer services. In cases where there is no intent to harm, the penalties are less severe, resulting in a class D misdemeanor for one recipient and a class C misdemeanor for multiple recipients. Additionally, the bill clarifies that it does not impose liability on service providers for third-party content, aligning with similar legislation aimed at addressing the misuse of synthetic images and protecting individuals from unauthorized dissemination.

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