HB 2133 — sexual material; consent; synthetic depiction

Senate Engrossed House BillEngrossed sexual material;

THIS SECTION DOES NOT APPLY IF IT IS CLEAR TO A REASONABLE VIEWER THAT THE IMAGE, RECORDING OR VIDEO HAS BEEN BOTH:

1.

DIGITALLY MANIPULATED.

2.

CREATED FOR THE PURPOSES OF ANY OF THE FOLLOWING:

(a) PARODY.

(b) COMEDY.

(c) ARTISTIC EXPRESSION.

(d) CRITICISM OF MATTERS OF PUBLIC CONCERN.

C.

D.

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E.

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"IDENTIFIABLE PERSON"INDIVIDUAL" MEANS A PERSON WHO IS RECOGNIZABLE BY ANY PERSON, INCLUDING THE PERSON HIMSELF,THEMSELF, BY ANY PART OF THE PERSON OR BY ANY OTHER INFORMATION THAT IS PART OF THE DEPICTION.

"Image" means a photograph, videotape, film, digital recordingrecording, or realistic pictorial representation.representation OR SYNTHETIC DEPICTION OF AN IDENTIFIABLE INDIVIDUAL.

10.

"SYNTHETIC DEPICTION" MEANS ANY VISUAL DEPICTION THAT IS CREATED OR ALTERED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE, DIGITAL MANIPULATION OR OTHER TECHNOLOGY AND THAT APPEARS TO DEPICT AN IDENTIFIABLE INDIVIDUAL BUT THAT DOES NOT REPRESENT AN ACTUAL EVENT OR CONDUCT INVOLVING THAT INDIVIDUAL.

A COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES, ANDOR ALLOWS THE PUBLICATION OR DISTRIBUTION OF, SEXUAL MATERIAL ON AN INTERNET WEBSITE SHALL DO ALL OF THE FOLLOWING:

REQUIRE EACH PERSON WHO UPLOADS OR PLACES THE SEXUAL MATERIAL ON AN INTERNET WEBSITE TO VERIFY, USING REASONABLE CONSENT VERIFICATION METHODS, EITHERTHAT OFEACH INDIVIDUAL WHO IS DEPICTED IN THE FOLLOWING:SEXUAL MATERIAL:

(a) THAT EACH INDIVIDUAL WHO IS DEPICTED IN THE SEXUAL MATERIAL HAS PROVIDED EXPLICIT INFORMED CONSENT TO THE CREATION, DISTRIBUTION AND PUBLICATION OF THE SEXUAL MATERIALMATERIAL. AND WAS AT LEAST EIGHTEEN YEARS OF AGE AT THE TIME THE SEXUAL MATERIAL WAS CREATED.

(b) THAT THE SEXUAL MATERIAL WAS CREATEDAT BEFORELEAST THEEIGHTEEN ENACTMENTYEARS OF THEAGE CHILDAT PROTECTIONTHE ANDTIME OBSCENITYTHE ENFORCEMENTMATERIAL ACTWAS OFCREATED. 1988 (P.L.

100-690;

102 STAT.

4485) BY USING ANY OF THE FOLLOWING:

(i) AN AFFIDAVIT FROM THE UPLOADER OR CUSTODIAN OF RECORDS.

(ii) CONTEMPORANEOUS PUBLICATION OR COPYRIGHT RECORDS.

(iii) TECHNICAL METADATA.

(iv) ANY OTHER EVIDENCE THAT REASONABLY ESTABLISHES THE DATE THE SEXUAL MATERIAL WAS FIRST FIXED IN A TANGIBLE MEDIUM.

ON REQUEST, THE ATTORNEY GENERAL MAY INSPECT THE RECORDS.

A COMMERCIAL ENTITY MAY NOT RETAIN ANY IDENTIFYING INFORMATION OF THE DEPICTED PERSON AFTER THE VERIFICATION IS COMPLETE EXCEPT AS REQUIRED FOR THE RECORDKEEPING REQUIREMENTS PRESCRIBED IN THIS SECTION.

THE COMMERCIAL ENTITY MAY NOT CAUSE OR ALLOW ANY IDENTIFYING INFORMATION TO BE TRANSMITTED TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY.

C.

C.D.

A COMMERCIAL ENTITY THAT PUBLISHES OR DISTRIBUTES SEXUAL MATERIAL ON AN INTERNET WEBSITE WITHOUT COMPLYINGOBTAINING WITHVERIFIED SUBSECTIONCONSENT FROM A OFDEPICTED THISINDIVIDUAL SECTION AND IN VIOLATION OF THIS SECTION IS SUBJECT TO:

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