TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 66

SEX CRIMES

18-6606.  DISCLOSING EXPLICIT SYNTHETIC MEDIA. (1) A person is guilty of disclosing explicit synthetic media when the person knowingly:

(a)  Discloses explicit synthetic media and knows or reasonably should know that:

(i)   An identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to such disclosure; and

(ii)  Disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress;

(b)  Discloses explicit synthetic media with the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade an identifiable person portrayed in whole or in part in the explicit synthetic media; or

(c)  Possesses and threatens to disclose explicit synthetic media with the intent to obtain money or other valuable consideration from an identifiable person portrayed in whole or in part in the explicit synthetic media.

(2)  A person who violates subsection (1) of this section is guilty of a misdemeanor unless such person is guilty of a felony as provided in subsection (3) of this section.

(3)  A person who violates subsection (1) of this section when the person was previously found guilty of a violation of this section or a similar statute in another state or any local jurisdiction within the past five (5) years, notwithstanding the form of the judgment or withheld judgment, is guilty of a felony punishable by imprisonment for a period no more than ten (10) years, or by a fine of no more than twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

(4)  As used in this section:

(a)  "Disclose" means to make available by any means to any person.

(b)  "Explicit synthetic media" means synthetic media that depicts or appears to depict:

(i)   An identifiable individual engaged in sexual conduct;

(ii)  The intimate parts of another individual or artificially generated intimate parts presented as the intimate parts of an identifiable individual; or

(iii) The display or transfer of sexual bodily fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.

(c)  "Identifiable individual" means a person who is portrayed in whole or in part in synthetic media and who is recognizable by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.

(d)  "Intimate parts" means the nude genitals, pubic area, anus, or postpubescent female nipple.

(e)  "Realistically" means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media would conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings.

(f)  "Sexual conduct" means actual or simulated sexual intercourse, oral-genital contact, manual genital contact, genital-anal contact, oral-anal contact, or other physical-genital contact.

(g)  "Synthetic media" means any image or video created or altered using technical means, such as artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct in which the identifiable individual did not engage.

(h)  "Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.

(5)  Subsection (1)(a) of this section shall not apply when:

(a)  The disclosure is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;

(b)  The disclosure is for the purpose of, or in connection with, the reporting of unlawful conduct;

(c)  The explicit synthetic media relates to a matter of public interest and disclosure serves a lawful public purpose, provided that explicit synthetic media does not relate to a matter of public interest merely because a public figure is portrayed in the explicit synthetic media;

(d)  The disclosure is for legitimate scientific research or educational purposes; or

(e)  The disclosure is made in the normal course of civil legal proceedings and consistent with common practice or is protected by court order that prohibits further dissemination.

(6)  The provisions of this section shall not apply to an interactive computer service, as defined in 47 U.S.C. 230(f)(2); an information service, as defined in 47 U.S.C. 153; or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets disclosing explicit synthetic media.

(7)  If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

History:

[18-6606, added 2024, ch. 105, sec. 1, p. 472.]