Enrolled Copy S.B. 131
1 INFORMATION TECHNOLOGY ACT AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper House Sponsor: Ariel Defay
2
3 LONG TITLE
4 General Description:
5 This bill enacts provisions related to disclosures and penalties associated with the use of
6 synthetic media and artificial intelligence.
7 Highlighted Provisions:
8 This bill:
9 ▸ defines terms;
10 ▸ for an audio or visual communication intended to influence voting that contains
11 synthetic media, requires that the communication include specified disclosures based on the
12 type of synthetic media included;
13 ▸ imposes penalties for violations; and
14 ▸ allows a court or other sentencing body to consider the use of artificial intelligence as an
15 aggravating factor in sentencing.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a special effective date.
20 Utah Code Sections Affected:
21 ENACTS:
22 20A-11-1104 (Effective 05/01/24), as Utah Code Annotated 1953
23 76-3-203.18 (Effective 07/01/24), as Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-11-1104 is enacted to read:
27 20A-11-1104 (Effective 05/01/24). Disclosure of synthetic media.
 S.B. 131 Enrolled Copy
28 (1) As used in this section:
29 (a) "Artificial intelligence" means a machine-based system that can, for a given set of
30 human-defined objectives, make predictions, recommendations, or decisions
31 influencing real or virtual environments.
32 (b) (i) "Creator" means a person that uses artificial intelligence to generate synthetic
33 media.
34 (ii) "Creator" does not include a person that solely provides the technology used in
35 the creation of the synthetic media.
36 (c) "Digital content provenance" means purely factual information that:
37 (i) details a digital resource's creator, origin, context, history, and editing process; and
38 (ii) conforms to an open industry technical standard.
39 (d) "Generative artificial intelligence" means artificial intelligence technology that is
40 capable of creating content such as text, audio, image, or video based on patterns
41 learned from large volumes of data rather than being explicitly programmed with
42 rules.
43 (e) "Sponsor" means a person that pays for the content that uses artificial intelligence to
44 generate synthetic media.
45 (f) "Synthetic audio media" means audio content that was substantially produced by
46 generative artificial intelligence.
47 (g) "Synthetic visual media" means an image or video that was substantially produced
48 by generative artificial intelligence.
49 (2) This section applies to an audio or visual communication that:
50 (a) is paid for by a candidate campaign committee, political action committee, political
51 issues committee, political party, or a person using a contribution;
52 (b) is intended to influence voting for or against a candidate or ballot proposition in an
53 election or primary in the state; and
54 (c) contains synthetic media.
55 (3) An audio communication described in Subsection (2) that contains synthetic audio
56 media shall include audibly at the beginning and end of the communication the words,
57 "Contains content generated by AI."
58 (4) A visual communication described in Subsection (2) that contains synthetic media shall
59 display throughout the duration of each portion of the communication containing
60 synthetic media, in legible writing, the words:
61 (a) "This video content generated by AI," if the content is a video that includes synthetic
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 Enrolled Copy S.B. 131
62 visual media but not synthetic audio media;
63 (b) "This image generated by AI," if the content is an image that includes synthetic
64 visual media but not synthetic audio media;
65 (c) "This audio content generated by AI," if the video includes synthetic audio media but
66 not synthetic visual media; or
67 (d) "This content generated by AI," if the communication includes both synthetic audio
68 media and synthetic visual media.
69 (5) In addition to the requirements in Subsections (3) and (4), a creator or sponsor who
70 publishes an online digital audio or visual communication described in Subsection (2)
71 that is viewable, audible, or accessible in the state shall ensure the advertisement carries
72 embedded tamper-evident digital content provenance that discloses:
73 (a) the initial author and creator of the content;
74 (b) any subsequent entities that edited, altered, or otherwise modified the content; and
75 (c) any use of generative artificial intelligence in generating or modifying the
76 substantive content.
77 (6) (a) In a civil action brought against the creator or the sponsor of content that includes
78 synthetic media by a person to enforce this section, the court may impose a civil
79 penalty not to exceed $1,000 against a person for each violation of this section that
80 the court finds a person has committed.
81 (b) Compliance with this section does not exempt a person from civil or criminal
82 liability for violations of other applicable law.
83 Section 2. Section 76-3-203.18 is enacted to read:
84 76-3-203.18 (Effective 07/01/24). Use of artificial intelligence -- Aggravating
85 factor.
86 (1) As used in this section:
87 (a) "Artificial intelligence" means the same as that term is defined in Section
88 20A-11-1104.
89 (b) "Material assistance" means providing significant or essential support, information,
90 tools, or other means that facilitate planning, commission, or concealment of a
91 criminal offense.
92 (2) The sentencing judge or the Board of Pardons and Parole may consider as an
93 aggravating factor in their deliberations that the defendant committed or facilitated the
94 criminal offense with the intentional or knowing use and material assistance of an
95 artificial intelligence system.
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96 (3) This section does not affect or restrict the exercise of judicial sentencing discretion
97 under any other provision of Utah law.
98 Section 3. Effective date.
99 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
100 (2) The actions affecting Section 76-3-203.18 (Effective 07/01/24) take effect on July 1,
101 2024.
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