Effective 1/1/2027
13-72b-201 Unlawful distribution of non-consensual counterfeit intimate images.
(1)The distribution of a counterfeit intimate image by a generation service without the consent of the identifiable individual depicted in the image is a violation of the individual’s reasonable expectation of privacy.
(2)A generation service may not distribute a counterfeit intimate image without first obtaining consent from the identifiable individual depicted in the counterfeit intimate image.
(3)To obtain consent sufficient to meet the requirements of Subsection (2), a generation service shall implement and maintain a consent system that:
(a)requires the identifiable individual depicted in the counterfeit intimate image to affirmatively provide consent before the counterfeit intimate image is distributed;
(b)assures the identity of the individual providing consent with reasonable accuracy; and
(c)maintains a record of the consent for a period of not less than seven years.
(4)A generation service may not require an individual to disclose personally identifiable information beyond what is reasonably necessary to assure the individual’s identity and obtain valid consent.

Enacted by Chapter 352, 2026 General Session