Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 18 (2022GS)

Sponsor

Rep. Collard, C.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• restricts the offense of aggravated unlawful distribution of a counterfeit intimate image to individuals 18 years old and older; and
• makes technical revisions.

Every vote on this bill

Bill text

INTIMATE IMAGE DISTRIBUTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Clare Collard
Senate Sponsor: 
Keith Grover
Cosponsor:
Karen Kwan
LONG TITLE
General Description:
This bill amends the offense of aggravated unlawful distribution of a counterfeit
intimate image.
Highlighted Provisions:
This bill:
▸ restricts the offense of aggravated unlawful distribution of a counterfeit intimate
image to individuals 18 years old and older; and
▸ makes technical revisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5b-205
, as enacted by Laws of Utah 2021, Chapter 134
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5b-205
 is amended to read:
76-5b-205.
Unlawful distribution of a counterfeit intimate image -- Penalty.
(1) As used in this section:
(a) "Child" means an individual under [
the age of
] 18 
years old
.
(b) "Counterfeit intimate image" means any visual depiction, photograph, film, video,
recording, picture, or computer or computer-generated image or picture, whether made or
produced by electronic, mechanical, or other means, that has been edited, manipulated, or
altered to depict the likeness of an identifiable individual and purports to, or is made to appear
to, depict that individual's:
(i) exposed human male or female genitals or pubic area, with less than an opaque
covering;
(ii) a female breast with less than an opaque covering, or any portion of the female
breast below the top of the areola; or
(iii) the individual engaged in any sexually explicit conduct or simulated sexually
explicit conduct.
(c) "Distribute" means the same as that term is defined in Section 
76-5b-203
.
(d) "Sexually explicit conduct" means the same as that term is defined in Section
76-5b-203
.
(e) "Simulated sexually explicit conduct" means the same as that term is defined in
Section 
76-5b-203
.
(2) An actor commits the offense of unlawful distribution of a counterfeit intimate
image if the actor knowingly or intentionally distributes a counterfeit intimate image that the
actor knows or should reasonably know would cause a reasonable person to suffer emotional or
physical distress or harm, if:
(a) the actor has not received consent from the depicted individual to distribute the
counterfeit intimate image; and
(b) the counterfeit intimate image was created or provided by the actor without the
knowledge and consent of the depicted individual.
(3) An [
individual
] 
actor who is 18 years old or older
 commits aggravated unlawful
distribution of a counterfeit intimate image if, in committing the offense described in
Subsection (2), the individual depicted in the counterfeit intimate image is a child.
(4) This section does not apply to:
(a) (i) lawful practices of law enforcement agencies;
(ii) prosecutorial agency functions;
(iii) the reporting of a criminal offense;
(iv) court proceedings or any other judicial proceeding; or
(v) lawful and generally accepted medical practices and procedures;
(b) a counterfeit intimate image if the individual [
portrayed
] 
depicted
 in the image
voluntarily allows public exposure of the image;
(c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
(d) a counterfeit intimate image that is related to a matter of public concern or interest
or protected by the First Amendment to the United States Constitution or Article I, Sections 1
and 15 of the Utah Constitution.
(5) (a) This section does not apply to an Internet service provider or interactive
computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
in 47 U.S.C. Sec. 522, if:
(i) the distribution of a counterfeit intimate image by the Internet service provider
occurs only incidentally through the provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the provider does not intentionally aid or abet in the distribution of the counterfeit
intimate image; and
(iii) the provider does not knowingly receive from or through a person who distributes
the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a
specific condition for permitting the person to distribute the counterfeit intimate image.
(b) This section does not apply to a hosting company, as defined in Section
76-10-1230
, if:
(i) the distribution of a counterfeit intimate image by the hosting company occurs only
incidentally through the hosting company's function of providing data storage space or data
caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution
of the counterfeit intimate image;
(iii) the hosting company does not knowingly receive from or through a person who
distributes the counterfeit intimate image a fee greater than the fee generally charged by the
provider, as a specific condition for permitting the person to distribute, store, or cache the
counterfeit intimate image; and
(iv) the hosting company immediately removes the counterfeit intimate image upon
notice from a law enforcement agency, prosecutorial agency, or the individual purportedly
depicted in the counterfeit intimate image.
(c) A service provider, as defined in Section 
76-10-1230
, is not negligent under this
section if it complies with Section 
76-10-1231
.
(6) This section does not apply to an actor who engages in conduct that constitutes a
violation of this section to the extent that the actor is chargeable, for the same conduct, under
Section 
76-5b-201
, sexual exploitation of a minor.
(7) (a) Except as provided in Subsection (7)(b), knowing or intentional unlawful
distribution of a counterfeit intimate image is a class A misdemeanor.
(b) Knowing or intentional unlawful distribution of a counterfeit intimate image is a
third degree felony on a second or subsequent conviction for an offense under this section that
arises from a separate criminal episode as defined in Section 
76-1-401
.
(c) Except as provided in Subsection (7)(d), knowing or intentional aggravated
unlawful distribution of a counterfeit intimate image is a third degree felony.
(d) Knowing or intentional aggravated unlawful distribution of a counterfeit intimate
image is a second degree felony on a second or subsequent conviction for an offense under this
section that arises from a separate criminal episode as defined in Section 
76-1-401
.