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 sexual bodily 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 the person knowingly: (a) DisclosesDisclose"Disclose" means to make available by any means to any person.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 sexual bodily 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) and knows or reasonably should know that: (i) 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 sexual bodily 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) did not consent to such disclosure; and (ii) Disclosure of 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 sexual bodily 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) would cause the identifiable person substantial emotional distress;
(1)(b) 1 DisclosesDisclose"Disclose" means to make available by any means to any person.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 sexual bodily 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 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 sexual bodily 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); or
(1)(c) 1 Possesses and threatens to discloseDisclose"Disclose" means to make available by any means to any person.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 sexual bodily 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 sexual bodily 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) 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.
This section establishes the criminal offense of disclosing explicit synthetic media. Three alternative conduct bases give rise to liability: (1) knowing disclosure where the discloser knows or should know the depicted person did not consent and would suffer substantial emotional distress; (2) disclosure with specific intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade the depicted person; or (3) possessing and threatening to disclose with intent to extort money or other valuable consideration. All three require the person act knowingly.
First offenses are misdemeanors. A person previously convicted under this section or a similar statute in another jurisdiction within the past five years faces felony penalties of up to 10 years imprisonment and a $25,000 fine. The statute targets the person who discloses or threatens to disclose — it does not impose obligations on AI developers, platforms, or operators as such.
(4)(a)–(h) As used in this section: (a) "DiscloseDisclose"Disclose" means to make available by any means to any person.Idaho Code § 18-6606(4)(a)" means to make available by any means to any person. (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 sexual bodily 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 in which the identifiable individual did not engage.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 sexual bodily 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 in which the identifiable individual did not engage.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 would 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 in which the identifiable individual did not engage.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 in which the identifiable individual did not engage.Idaho Code § 18-6606(4)(g) would 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 in which the identifiable individual did not engage.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 would 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 in which 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. (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 in which the identifiable individual did not engage.Idaho Code § 18-6606(4)(g).
This subsection defines the key terms used throughout the statute. The most significant definitions are synthetic media — any image or video created or altered using technical means such as artificial intelligence to realistically misrepresent an identifiable individual — and explicit synthetic media, which narrows the scope to synthetic media depicting sexual conduct, intimate parts, or sexual bodily fluids involving an identifiable individual. The realistically standard excludes drawings, cartoons, and paintings, limiting the statute to photorealistic AI-generated content that an ordinary person would mistake for actual imagery.
(5)(a)–(e) 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 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 sexual bodily 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) relates to a matter of public interest and disclosure serves a lawful public purpose, provided that 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 sexual bodily 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) does not relate to a matter of public interest merely because a public figure is portrayed 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 sexual bodily 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); (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.
This subsection provides five enumerated exemptions from the consent-based offense in subsection (1)(a). Disclosure is not criminal when made for criminal investigation or prosecution, reporting of unlawful conduct, matters of public interest serving a lawful public purpose, legitimate scientific research or educational purposes, or in the normal course of civil legal proceedings. Notably, the public-interest exemption explicitly provides that explicit synthetic media does not relate to a matter of public interest merely because a public figure is depicted. These exemptions apply only to the consent-based offense under (1)(a) — they do not exempt the intent-to-harass or extortion offenses under (1)(b) and (1)(c).
(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 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 sexual bodily 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).
This subsection exempts interactive computer services (as defined in 47 U.S.C. § 230(f)(2)), information services (47 U.S.C. § 153), and Idaho-defined telecommunication services from liability for content provided by another person, unless the provider intentionally aids or abets the disclosure of explicit synthetic media. This tracks the federal Section 230 immunity framework and confirms that platforms hosting user-generated content are not liable unless they actively participate in the unlawful disclosure.
(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.
Standard severability clause providing that if any provision of this section or its application to any person or circumstance is held invalid, the remaining provisions and applications continue in effect.