Enrolled Copy S.B. 66
1 CRIMINAL OFFENSE AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan House Sponsor: Stephanie Gricius
2
3 LONG TITLE
4 General Description:
5 This bill amends the definition of counterfeit intimate image.
6 Highlighted Provisions:
7 This bill:
8 ▸ amends the definition of counterfeit intimate image.
9 Money Appropriated in this Bill:
10 None
11 Other Special Clauses:
12 None
13 Utah Code Sections Affected:
14 AMENDS:
15 76-5b-205, as last amended by Laws of Utah 2022, Chapters 112, 181 and 185 and last
16 amended by Coordination Clause, Laws of Utah 2022, Chapter 185
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18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 76-5b-205 is amended to read:
20 76-5b-205 . Unlawful distribution of a counterfeit intimate image -- Penalty.
21 (1) (a) As used in this section:
22 (i) "Child" means an individual under 18 years old.
23 (ii) "Counterfeit intimate image" means any visual depiction, photograph, film, video,
24 recording, picture, or computer or computer-generated image or picture, whether
25 made or produced by electronic, mechanical, or other means, that has been edited,
26 manipulated, generated, or altered to depict the likeness of an identifiable
27 individual and purports to, or is made to appear to, depict that individual's:
28 (A) exposed human male or female genitals or pubic area, with less than an
S.B. 66 Enrolled Copy
29 opaque covering;
30 (B) a female breast with less than an opaque covering, or any portion of the
31 female breast below the top of the areola; or
32 (C) the individual engaged in any sexually explicit conduct or simulated sexually
33 explicit conduct.
34 (iii) "Distribute" means the same as that term is defined in Section 76-5b-203.
35 (iv) "Sexually explicit conduct" means the same as that term is defined in Section
36 76-5b-203.
37 (v) "Simulated sexually explicit conduct" means the same as that term is defined in
38 Section 76-5b-203.
39 (vi) "Single criminal episode" means the same as that term is defined in Section
40 76-1-401.
41 (b) Terms defined in Section 76-1-101.5 apply to this section.
42 (2) (a) An actor commits the offense of unlawful distribution of a counterfeit intimate
43 image if the actor knowingly or intentionally distributes a counterfeit intimate image
44 that the actor knows or should reasonably know would cause a reasonable person to
45 suffer emotional or physical distress or harm, if:
46 (i) the actor has not received consent from the depicted individual to distribute the
47 counterfeit intimate image; and
48 (ii) the counterfeit intimate image was created or provided by the actor without the
49 knowledge and consent of the depicted individual.
50 (b) An actor who is 18 years old or older commits aggravated unlawful distribution of a
51 counterfeit intimate image if, in committing the offense described in Subsection
52 (2)(a), the individual depicted in the counterfeit intimate image is a child.
53 (3) (a) (i) A violation of Subsection (2)(a) that is knowing or intentional is a class A
54 misdemeanor.
55 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is
56 knowing or intentional is a third degree felony on a second or subsequent
57 conviction for an offense under this section that does not arise from a single
58 criminal episode.
59 (b) (i) A violation of Subsection (2)(b) that is knowing or intentional is a third degree
60 felony.
61 (ii) Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is
62 knowing or intentional is a second degree felony on a second or subsequent
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Enrolled Copy S.B. 66
63 conviction for an offense under this section that does not arise from a single
64 criminal episode.
65 (c) This section does not apply to an actor who engages in conduct that constitutes a
66 violation of this section to the extent that the actor is chargeable, for the same
67 conduct, under Section 76-5b-201, sexual exploitation of a minor, or Section
68 76-5b-201.1, aggravated sexual exploitation of a minor.
69 (4) This section does not apply to:
70 (a) (i) lawful practices of law enforcement agencies;
71 (ii) prosecutorial agency functions;
72 (iii) the reporting of a criminal offense;
73 (iv) court proceedings or any other judicial proceeding; or
74 (v) lawful and generally accepted medical practices and procedures;
75 (b) a counterfeit intimate image if the individual depicted in the image voluntarily
76 allows public exposure of the image;
77 (c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
78 (d) a counterfeit intimate image that is related to a matter of public concern or interest or
79 protected by the First Amendment to the United States Constitution or Article I,
80 Sections 1 and 15 of the Utah Constitution.
81 (5) (a) This section does not apply to an Internet service provider or interactive computer
82 service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
83 communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications
84 service, information service, or mobile service as defined in 47 U.S.C. Sec. 153,
85 including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable
86 operator as defined in 47 U.S.C. Sec. 522, if:
87 (i) the distribution of a counterfeit intimate image by the Internet service provider
88 occurs only incidentally through the provider's function of:
89 (A) transmitting or routing data from one person to another person; or
90 (B) providing a connection between one person and another person;
91 (ii) the provider does not intentionally aid or abet in the distribution of the counterfeit
92 intimate image; and
93 (iii) the provider does not knowingly receive from or through a person who
94 distributes the counterfeit intimate image a fee greater than the fee generally
95 charged by the provider, as a specific condition for permitting the person to
96 distribute the counterfeit intimate image.
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97 (b) This section does not apply to a hosting company, as defined in Section 76-10-1230,
98 if:
99 (i) the distribution of a counterfeit intimate image by the hosting company occurs
100 only incidentally through the hosting company's function of providing data storage
101 space or data caching to a person;
102 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
103 of the counterfeit intimate image;
104 (iii) the hosting company does not knowingly receive from or through a person who
105 distributes the counterfeit intimate image a fee greater than the fee generally
106 charged by the provider, as a specific condition for permitting the person to
107 distribute, store, or cache the counterfeit intimate image; and
108 (iv) the hosting company immediately removes the counterfeit intimate image upon
109 notice from a law enforcement agency, prosecutorial agency, or the individual
110 purportedly depicted in the counterfeit intimate image.
111 (c) A service provider, as defined in Section 76-10-1230, is not negligent under this
112 section if it complies with Section 76-10-1231.
113 Section 2. Effective date.
114 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced:
Enrolled: