Present law provides that a person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if:
(1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
(2) The person depicted in the image suffers emotional distress.
This bill rewrites (1) above such that the image can either meet that criteria or, instead, be an image of an identifiable person that was created or modified by means of a computer software program, artificial intelligence application, or other digital editing tools.
For purposes of the offenses of sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor, present law provides that "material" means, among other things, any computer image, or computer-generated image, whether made or produced by electronic, mechanical, or other means. This bill clarifies that "material" includes an image created, adapted, or modified by artificial intelligence.

Statutes affected:
Introduced: 39-17-318(a)(1), 39-17-318, 39-17-1002