Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 66 (2024GS)

Sponsor

Sen. Kwan, K.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definition of counterfeit intimate image.

Every vote on this bill

Bill text

CRIMINAL OFFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: 
 Stephanie Gricius
LONG TITLE
General Description:
This bill amends the definition of counterfeit intimate image. 
Highlighted Provisions:
This bill:
▸ amends the definition of counterfeit intimate image.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5b-205
, as last amended by Laws of Utah 2022, Chapters 112, 181 and 185 and last
amended by Coordination Clause, Laws of Utah 2022, Chapter 185
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) (a) As used in this section:
(i) "Child" means an individual under 18 years old.
(ii) "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,
generated,
 or altered to depict the likeness of an identifiable individual and purports to, or is
made to appear to, depict that individual's:
(A) exposed human male or female genitals or pubic area, with less than an opaque
covering;
(B) a female breast with less than an opaque covering, or any portion of the female
breast below the top of the areola; or
(C) the individual engaged in any sexually explicit conduct or simulated sexually
explicit conduct.
(iii) "Distribute" means the same as that term is defined in Section 
76-5b-203
.
(iv) "Sexually explicit conduct" means the same as that term is defined in Section
76-5b-203
.
(v) "Simulated sexually explicit conduct" means the same as that term is defined in
Section 
76-5b-203
.
(vi) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) (a) 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:
(i) the actor has not received consent from the depicted individual to distribute the
counterfeit intimate image; and
(ii) the counterfeit intimate image was created or provided by the actor without the
knowledge and consent of the depicted individual.
(b) An 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)(a), the
individual depicted in the counterfeit intimate image is a child.
(3) (a) (i) A violation of Subsection (2)(a) that is knowing or intentional is a class A
misdemeanor.
(ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is
knowing or intentional is a third degree felony on a second or subsequent conviction for an
offense under this section that does not arise from a single criminal episode.
(b) (i) A violation of Subsection (2)(b) that is knowing or intentional is a third degree
felony.
(ii) Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is
knowing or intentional is a second degree felony on a second or subsequent conviction for an
offense under this section that does not arise from a single criminal episode.
(c) 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, or Section 
76-5b-201.1
, aggravated sexual
exploitation of a minor.
(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 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
.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.