Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 271 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• expands the scope of what constitutes abuse of personal identity to include unauthorized commercial use of simulated or artificially recreated personal identities;
• prohibits the distribution of technology primarily designed for unauthorized creation of content using personal identities for commercial purposes;
• creates exemptions for certain fair uses of personal identity; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

24
45-3-2
45-3-3
45-3-4
45-3-5
45-3-7
45-3-2
45-3-3
45-3-4
45-3-5
45-3-7
0
Unauthorized Artificial Intelligence Impersonation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill modifies provisions relating to the unauthorized use of an individual's personal 
identity, including use through artificial intelligence technology.
Highlighted Provisions:
This bill:
defines terms;
expands the scope of what constitutes abuse of personal identity to include unauthorized 
commercial use of simulated or artificially recreated personal identities;
prohibits the distribution of technology primarily designed for unauthorized creation of 
content using personal identities for commercial purposes;
creates exemptions for certain fair uses of personal identity; and 
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
45-3-2
, as last amended by Laws of Utah 1999, Chapter 146
45-3-3
, as last amended by Laws of Utah 2023, Chapter 424
45-3-4
, as enacted by Laws of Utah 1981, Chapter 95
45-3-5
, as enacted by Laws of Utah 1981, Chapter 95
ENACTS:
45-3-7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
45-3-2
 is amended to read:
45-3-2
. Definitions.
As used in this act:
(1)
"Advertisement" means a notice designed to attract public attention or patronage and 
includes a list of supporters for a particular cause.
(2)
"Cause the publication" means
:
(a)
that a person
:
(i)
prepares or requests another to prepare
:
(A)
an advertisement of the type described in Subsection 
45-3-3(1)
,
;
or
(B)
and that person 
content that uses, simulates, or recreates an individual's 
personal identity; and
(ii)
submits or requests another to submit the advertisement 
to a publisher,
or 
content for publication;
 and 
(b)
the advertisement 
or content 
has been published.
(3)
(a)
"Consent" means 
a person's
an individual's
 voluntary agreement to the use of that 
person's name, title, picture, or portrait
individual's personal identity
.
(b)
"Consent" may not be inferred by the failure of the 
person 
individual 
to request that 
the 
person's name, title, picture, or portrait
individual's personal identity
 not be used 
or that the 
person's
individual's
 name be removed from a mailing or supporter list.
(4)
"Content" means audio, video, image, text, or other media, regardless of format.
(4)
(5)
"Generative artificial intelligence" means an artificial intelligence technology 
system that:
(a)
is trained on data;
(b)
is designed to simulate human conversation with a consumer through one or more of 
the following:
(i)
text;
(ii)
audio; or
(iii)
visual communication; and
(c)
generates non-scripted outputs similar to outputs created by a human, with limited or 
no human oversight.
(6)
"Individual" means a natural person.
(5)
(7)
"Person" means any natural person, firm, partnership, association, corporation, joint 
venture, or any other form of business organization or arrangement, and the agents or 
representatives of such persons.
(6)
(8)
(a)
"Personal identity" means an individual's
:
(i)
name
,
;
(ii)
title
,
;
(iii)
picture
, or 
;
(iv)
portrait
.
;
(v)
video likeness;
(vi)
voice; or
(vii)
audiovisual appearance.
(b)
"Personal identity" includes any simulation, reproduction, or artificial recreation of 
the content described in Subsection (8)(a), whether created through:
(i)
generative artificial intelligence;
(ii)
computer animation;
(iii)
digital manipulation; or
(iv)
any other technological means.
(7)
(9)
"Publish" means that a person provides the instrumentality through which an 
advertisement 
or content 
is communicated to the public at large or to a significant 
portion thereof.
(10)
"Voice" means a computer-generated sound in a medium that is readily identifiable 
and attributable to a particular individual, regardless of whether the sound contains the 
actual voice of the individual.
Section 2, Section 
45-3-3
 is amended to read:
45-3-3
. Acts constituting abuse -- Permitting prosecution.
(1)
Except for purposes of the criminal penalty in Section 
76-9-407
, the personal identity of 
an individual is abused if:
(a)
an advertisement is published in which the personal identity of that individual is 
used in a manner which expresses or implies that the individual approves, endorses, 
has endorsed, or will endorse the specific subject matter of the advertisement; and
(b)
consent has not been obtained for such use from the individual, or if the individual 
is a minor, then consent of one of the minor's parents or consent of the minor's legally 
appointed guardian.
(a)
(i)
content containing the personal identity of an individual is used for purposes of:
(A)
advertising products, merchandise, goods, or services;
(B)
fundraising;
(C)
solicitation of donations; or
(D)
purchases of products, merchandise, goods, or services;
(ii)
the use:
(A)
expresses or implies that the individual approves, endorses, has endorsed, or 
will endorse the specific subject matter;
(B)
creates a likelihood of confusion as to the participation, association, or 
connection of the individual; or
(C)
creates a false impression that the individual participated in or approved the 
use; and
(iii)
consent has not been obtained from the individual.
(b)
the person knowingly distributes, sells, or licenses any technology, software, or tool 
whose intended primary purpose is the unauthorized creation or modification of 
content that includes an individual's personal identity for commercial purposes.
(2)
Nothing in this part prohibits prosecution of abuse of personal identity under Section 
76-9-407
.
(3)
The personal identity of an individual is not abused if the individual's personal data or 
publicly available information:
(a)
was lawfully obtained;
(b)
is used to preview, advertise, or promote the sale of a product, service, or 
subscription, including the sale of a product, service, or subscription of which the 
individual's personal data or publicly available information is or may be a part; and
(c)
is not used in a way that expresses or implies that the individual approves, endorses, 
has endorsed, or will endorse the product, service, or subscription being previewed, 
advertised, or promoted.
Section 3, Section 
45-3-4
 is amended to read:
45-3-4
. Cause of action for abuse -- Remedies.
An individual whose personal identity has been abused under Section 
45-3-3
 of this 
act may bring an action against a person who caused the publication of the advertisement
 or 
content
, and is entitled to injunctive relief, damages alleged and proved, exemplary damages, 
and reasonable attorney's fees and costs.
Section 4, Section 
45-3-5
 is amended to read:
45-3-5
. Action against publisher -- Grounds -- Remedies.
(1)
An individual whose personal identity has been abused under Section 
45-3-3
 of this act 
may bring an action against a person who published the advertisement
 or content
:
(a)
if the advertisement
 or content
, on its face is such that a reasonable person would 
conclude that it is unlikely that an individual would consent to such use; and
(b)
the publisher did not take reasonable steps to assure that consent was obtained.
(2)
In an action under this section, the plaintiff shall be entitled to injunctive relief, damages 
alleged and proved, exemplary damages, and reasonable attorney's fees and costs.
Section 5, Section 
45-3-7
 is enacted to read:
45-3-7
. Exemptions.
(1)
A person does not violate Section 
45-3-3
 or Section 
45-3-4
 if the person uses an 
individual's personal identity in:
(a)
connection with a news, public affairs, or sports broadcast, including the promotion 
of and advertising for a sports broadcast, an account of public interest, or a political 
campaign;
(b)
a play, book, magazine, newspaper, musical composition, visual work, work of art, 
audiovisual work, radio or television program if it is fictional or nonfictional 
entertainment, or a dramatic, literary, or musical work;
(c)
a work of political, public interest, or newsworthy value, including a comment, 
criticism, parody, satire, or a transformative creation of a work of authorship; or
(d)
an advertisement or commercial announcement for a work described in this 
Subsection (1).
(2)
The use of personal identity in a commercial medium does not constitute a use for 
purposes of advertising or solicitation solely because the material containing such use is 
commercially sponsored or contains paid advertising.
(3)
This part may not apply to, and nothing in this part may be construed to impose liability 
or culpability on, an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for 
content provided by another person.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 10:14 AM