WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) 1 A person is guilty of disclosing explicit synthetic mediaExplicit synthetic media"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 bodily sexual fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.Idaho Code § 18-6606(4)(b) when: (a) The person disclosesDisclose"Disclose" means to disseminate, share with another person, or make publicly available.Idaho Code § 18-6606(4)(a) explicit synthetic mediaExplicit synthetic media"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 bodily sexual fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.Idaho Code § 18-6606(4)(b) with the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade;
(1)(b) 2 The person possesses and threatens to discloseDisclose"Disclose" means to disseminate, share with another person, or make publicly available.Idaho Code § 18-6606(4)(a) explicit synthetic mediaExplicit synthetic media"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 bodily sexual fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.Idaho Code § 18-6606(4)(b) with the intent to obtain money or other valuable considerationValuable consideration"Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.Idaho Code § 18-6606(4)(h) from an identifiable person portrayed in whole or in part in the explicit synthetic mediaExplicit synthetic media"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 bodily sexual fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.Idaho Code § 18-6606(4)(b).
(2)–(3) Except as described in subsection (3) of this section, a person who violates subsection (1) of this section is guilty of a misdemeanor. (3) A person who violates subsection (1) of this section is guilty of a felony if the person has previously been 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, and is 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) "DiscloseDisclose"Disclose" means to disseminate, share with another person, or make publicly available.Idaho Code § 18-6606(4)(a)" means to disseminate, share with another person, or make publicly available. (b) "Explicit synthetic mediaExplicit synthetic media"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 bodily sexual fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.Idaho Code § 18-6606(4)(b)" means synthetic mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g) that depicts or appears to depict: (i) An identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c) engaged in sexual conductSexual conduct"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.Idaho Code § 18-6606(4)(f); (ii) The intimate parts of another individual, or artificially generated intimate partsIntimate parts"Intimate parts" means the nude genitals, pubic area, anus, or postpubescent female nipple.Idaho Code § 18-6606(4)(d), presented as the intimate parts of an identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c); or (iii) The display or transfer of bodily sexual fluids onto any part of the body of an identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c) or from the body of an identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c). (c) "Identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c)" means a person who is portrayed in whole or in part in synthetic mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g) 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 partsIntimate parts"Intimate parts" means the nude genitals, pubic area, anus, or postpubescent female nipple.Idaho Code § 18-6606(4)(d)" means the nude genitals, pubic area, anus, or postpubescent female nipple. (e) "RealisticallyRealistically"Realistically" means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media could conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings.Idaho Code § 18-6606(4)(e)" means that the synthetic mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g) is sufficiently convincing such that an ordinary person viewing the synthetic mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g) could conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings. (f) "Sexual conductSexual conduct"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.Idaho Code § 18-6606(4)(f)" 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 mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g)" means any image or video created or altered using technical means, such as artificial intelligence, to realisticallyRealistically"Realistically" means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media could conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings.Idaho Code § 18-6606(4)(e) misrepresent an identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c) as engaging in conduct that the identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c) did not engage in. (h) "Valuable considerationValuable consideration"Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.Idaho Code § 18-6606(4)(h)" includes but is not limited to sexually explicit images or video from the identifiable individualIdentifiable individual"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.Idaho Code § 18-6606(4)(c) portrayed in the synthetic mediaSynthetic media"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 that the identifiable individual did not engage in.Idaho Code § 18-6606(4)(g).
This section creates the new criminal offense of disclosing explicit synthetic media. It establishes two prohibited acts: disclosing explicit synthetic media with intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade; and possessing and threatening to disclose such media with intent to extort money or other valuable consideration from the depicted person. The statute applies to any person — it does not define a covered entity class such as a developer or platform operator.
The penalty structure is graduated: a first offense is a misdemeanor, while a repeat offense within five years elevates to a felony carrying up to ten years' imprisonment and a $25,000 fine. The definitions section narrows the statute's scope by requiring that synthetic media be sufficiently realistic that an ordinary person could mistake it for authentic imagery, explicitly excluding drawings, cartoons, and paintings.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2024.
This section declares an emergency and sets the act's effective date at July 1, 2024. The emergency declaration bypasses the standard effective-date timeline, making the criminal prohibition operative immediately upon that date.