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Arizona: Bill on deepfake recordings or images recommended for passage

On April 2, 2024, Senate Bill 1336 on deepfake recordings or images was recommended for passage following its introduction to the Senate and first reading on January 31, 2024.

If enacted, this bill would add Section 13-3508 to Title 13, Chapter 35 of the Arizona Revised Statutes on the unlawful dissemination of deepfake recordings or images depicting intimate parts or sexual acts. The bill would make it unlawful to intentionally disseminate a deepfake recording or image if all of the following apply:

  • the person that intentionally creates and disseminates the deepfake recording or image knows or reasonably should know that the depicted individual does not consent to the dissemination;
  • the deepfake recording or image realistically depicts any of the following:
    • the intimate parts of another individual that are presented as the intimate parts;
    • intimate parts that are generated by synthetic media and that are presented as the intimate parts of the depicted individual; or
    • the depicted individual engaging in a sexual act; and
  • the depicted individual is identifiable in one of the following ways:
    • from the deepfake recording or image itself;
    • by the depicted individual; or
    • from the personal information that is displayed in connection with the deepfake recording or image.

The bill also outlines that a violation would amount to a class 6 felony but is a class 4 felony if:

  • the depicted person suffers any financial loss due to the intentional dissemination of the deepfake recording or image;
  • the person disseminates the deepfake recording or image with the intent to profit from the dissemination;
  • the person maintains an internet website, online service, online application, or mobile application to disseminate the deepfake recording or image;
  • the person posts the deepfake recording or image on an internet website;
  • the person disseminates the deepfake recording or image with the intent to harass the depicted person;
  • the person obtains the deepfake recording or image by committing a theft, criminal trespass, computer tampering, or unauthorized computer access; or
  • the person has previously been convicted for a violation of the bill.

You can read the bill here and track its progress here.