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HB2133 • 2026

sexual material; consent; synthetic depiction

HB2133 - sexual material; consent; synthetic depiction

Crime Privacy Technology
Vetoed

The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.

Sponsor
Nick Kupper
Last action
2026-06-19
Official status
Governor vetoed
Effective date
Not listed

Plain English Breakdown

The provided bill text cuts off mid-sentence while listing who can bring a civil action (Section F), so it is unclear if private individuals have standing to sue under this specific section.

HB2133 - Rules for Sharing Sexual Images and Online Content

This bill makes it a crime to share private sexual images without consent if the goal is to harm someone, requires websites selling such content to verify age and permission, and sets fines for breaking these rules.

What This Bill Does

  • Makes it illegal to intentionally share photos or videos of people in nudity or sexual acts if the person did not agree, expected privacy, and the sharer intended to harm, harass, intimidate, threaten, or coerce them.
  • Requires commercial websites that host sexual material to prove each person shown is at least 18 years old and gave clear consent before posting, unless the content was created before a specific federal law in 1988.
  • Mandates that these websites keep records proving they checked for age and consent for seven years.
  • Sets criminal penalties ranging from misdemeanors to felonies depending on whether the image is shared electronically or if it involves deepfakes, with higher penalties for electronic sharing.
  • Allows courts to charge civil fines of up to $10,000 per day against companies that fail to follow verification rules.

Who It Names or Affects

  • People who share or threaten to share private sexual images without permission if they intend to harm the person in the image.
  • Commercial websites and businesses that publish or distribute sexual material online.
  • The Arizona Attorney General, who can enforce civil penalties.

Terms To Know

Realistic pictorial representation
An image created or changed to look like a real photo of someone doing something that never actually happened, such as deepfakes. This does not include images made for public interest reasons like news or science.
Reasonable expectation of privacy
A situation where a person expects their actions or images will not be seen by the public. Sending an image to one other person privately does not automatically remove this protection unless it is a deepfake created by someone else.
Explicit informed consent
Clear agreement from every person shown in the material that it can be made and shared online, confirming they were at least 18 when it was created.

Limits and Unknowns

  • The bill does not apply to news reports, scientific or educational materials, law enforcement activities, medical treatment, or images clearly meant for parody, comedy, art, or public criticism.
  • Internet service providers and search engines that only provide access but do not create the content are exempt from these rules.
  • This bill was vetoed by the governor on June 19, 2026, so it is not currently law unless lawmakers override the veto.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment updates Arizona law to make it a crime to share private nude or sexual images without consent, adds rules for websites hosting such material, and creates exceptions for fake images used in art or comedy.

  • It makes sharing identifiable photos of people who are naked or doing specific sexual acts illegal if the person did not agree and expects privacy.
  • Websites that host sexual content must verify that everyone shown is at least 18 years old and gave clear consent, unless the material was made before a federal law from 1988.
  • The law creates an exception so it does not apply to digitally manipulated images if they are clearly meant for parody, comedy, art, or public criticism.
  • Sharing these images electronically is now classified as a Class 4 felony, while threatening to share them without actually doing so is a misdemeanor.
  • The provided text cuts off before finishing the list of ways websites can prove old material was created before 1988.
  • Some legal terms like 'specific sexual activities' refer to other sections of law not included in this document, so their exact definition is unclear here.

Plain English: This amendment updates Arizona law to make it a crime to share fake or real nude images of people without their permission and requires websites selling such content to verify that everyone in the photos is an adult who agreed to be shown.

  • It makes it illegal to intentionally share any image, including those created by artificial intelligence (AI), showing a person naked or doing sexual acts if done with intent to harm them and without their consent.
  • The law defines 'synthetic depiction' as images made using AI or digital tools that look like real people but show events that never actually happened.
  • Websites that publish sexual material must verify that every person in the content is at least 18 years old and has given clear, informed consent before it goes online.
  • These websites must keep records of this verification for seven years and use tools to stop people from uploading images without proof of consent.
  • The provided text is cut off at the end of Section 3(B), so rules about what information companies can or cannot save are incomplete.
  • Some specific technical details on exactly how 'reasonable consent verification methods' must work are not fully explained in this summary.

Plain English: This amendment updates Arizona law to make it a crime to share fake or real nude images of people without their permission and requires websites selling such content to verify that everyone in the photos is an adult who agreed to be shown.

  • It becomes illegal to intentionally share any image, including those made by artificial intelligence (synthetic depictions), showing a person naked or doing sexual acts if done with intent to harm them and they expected privacy.
  • The law now specifically defines 'image' to include realistic pictures created or changed using technology that did not actually happen but look real.
  • Commercial websites must verify that every person in uploaded sexual material is at least 18 years old and has given clear, informed consent before the content can be published.
  • Websites are required to keep records of this verification for seven years and use tools like automated detection to stop uploads that do not have verified consent.
  • The provided text is cut off at the end, so details about what happens if a website keeps identifying information or specific civil penalties are missing.
  • Some technical legal terms regarding how 'consent verification methods' must work exactly are not fully explained in simple language.

Plain English: This amendment updates Arizona law to clearly define 'direct hosting' of sexual material, exclude basic internet services from liability, and explicitly include AI-generated fake images in the definition of illegal non-consensual pornography.

  • It defines 'direct hosting' as when a company stores sexual content on its own servers or systems that it controls and makes available for viewing or sharing.
  • It clarifies that basic internet services like search engines, temporary data storage during transmission, and system caching do not count as direct hosting.
  • It adds the term 'synthetic depiction' to the law so that images created or altered by artificial intelligence appear in the list of illegal materials if they show a real person without consent.
  • It defines an identifiable individual as someone who can be recognized from any part of their body shown in the image.
  • The provided text is truncated at Section 3, so details about verification requirements and civil penalties are missing.
  • Some technical legal references to other state statutes (like section 11-811) are included but not explained in this document.

Plain English: This amendment updates Arizona law to make it a crime to share real or fake sexual images of identifiable people without their consent and requires websites selling such content to verify that everyone in the photos is an adult who agreed to be shown.

  • It becomes illegal to intentionally share any image showing nudity or sexual acts if the person can be identified, they expected privacy, and the sharer meant to harm them.
  • The law now includes 'synthetic depictions,' which are fake images created using artificial intelligence or digital tools that look like real people but never actually happened.
  • Sharing these images electronically is a Class 4 felony, while threatening to share them or sharing synthetic versions is a Class 1 misdemeanor.
  • Commercial websites must verify that every person in sexual material uploaded to their site is at least 18 years old and has given explicit consent before publishing it.
  • The provided text cuts off mid-sentence regarding rules about retaining identifying information, so the full details of those privacy protections are unknown.
  • While the amendment defines 'synthetic depiction,' it does not explain exactly how websites must technically verify consent or which specific automated tools they should use.

Plain English: This amendment changes the law to allow companies to keep ID records for verification without Attorney General inspections, adds ways to prove old content is legal, and creates exceptions for digital images used in parody or comedy.

  • Removes rules that stop businesses from keeping personal information of people in sexual material if it is needed for checking identity.
  • Stops the Attorney General from asking to see these records on demand.
  • Allows companies to prove content was made before a specific federal law by using affidavits, copyright records, or technical data instead of just original files.
  • Makes an exception so that digital images used for parody, comedy, art, or public criticism do not count as illegal disclosure.
  • The official text provided is cut off at the end and does not show the full definition of 'synthetic depiction' being removed.
  • Some specific legal terms like 'realistic pictorial representation' are used without a simple explanation in this document.

Bill History

  1. 2026-06-12 V

    Governor vetoed

  2. 2026-06-11 House

    House passed

  3. 2026-06-09 Senate

    Senate passed

  4. 2026-04-13 House

    House minority caucus

  5. 2026-04-08 House

    Transmitted to House

  6. 2026-04-08 Senate

    Senate third read passed

  7. 2026-04-08 Senate

    Senate committee of the whole

  8. 2026-03-17 Senate

    Senate minority caucus

  9. 2026-03-17 Senate

    Senate majority caucus

  10. 2026-03-03 Senate

    Senate second read

  11. 2026-03-02 Senate

    Senate Rules: PFC

  12. 2026-03-02 Senate

    Senate Judiciary and Elections: DPA

  13. 2026-03-02 Senate

    Senate first read

  14. 2026-02-23 Senate

    Transmitted to Senate

  15. 2026-02-23 House

    House third read passed

  16. 2026-02-10 House

    House committee of the whole

  17. 2026-02-03 House

    House minority caucus

  18. 2026-02-03 House

    House majority caucus

  19. 2026-01-13 House

    House second read

  20. 2026-01-12 House

    House Rules: C&P

  21. 2026-01-12 House

    House Artificial Intelligence & Innovation: DPA

  22. 2026-01-12 House

    House Judiciary: DP

  23. 2026-01-12 House

    House first read

Official Summary Text

HB2133 - sexual material; consent; synthetic depiction

Current Bill Text

Read the full stored bill text
HB2133 - 572R - C Ver

Conference Engrossed

sexual material;
consent; synthetic depiction

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2133

AN
ACT

amending section 13-1425, Arizona
Revised Statutes; providing for transferring and RENUMBERING; amending title
44, chapter 30, article 1, Arizona Revised Statutes, as TRANSFERRED and
renumbered, by adding section 44-7302; relating to the disclosure of
sexual material.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1425, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1425.

Unlawful disclosure of images depicting states of nudity or
specific sexual activities; classification; definitions

A. It is unlawful for a person to intentionally
disclose an image of another person who is identifiable from the image itself
or from information displayed in connection with the image if all of the
following apply:

1. The person in the image is depicted in a state of
nudity or is engaged in specific sexual activities.

2. The depicted person has a reasonable expectation
of privacy. Evidence that a person has sent an image to another person using an
electronic device does not, on its own, remove the person's reasonable
expectation of privacy for that image. Unless the realistic
pictorial representation is created or modified by the depicted person, this
paragraph does not apply to an image that is a realistic pictorial
representation.

3. The image is disclosed with the intent to harm,
harass, intimidate, threaten or coerce the depicted person.

B. This section does not apply to any of the
following:

1. The reporting of unlawful conduct.

2. Lawful and common practices of law enforcement,
criminal reporting, legal proceedings or medical treatment.

3. Images involving voluntary exposure in a public
or commercial setting.

4. An interactive computer service, as defined in 47
United States Code section 230(f)(2), or an information service or cable
service, as defined in 47 United States Code section 153, with regard to
content wholly provided by another party.

5. Any disclosure that is made with the consent of
the person who is depicted in the image.

C. 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.
A
violation of this section is a class 5 felony, except that a violation of this section
is a:

1. Class 4 felony if the image is disclosed by
electronic means.

2. Class 1 misdemeanor if a person threatens to
disclose but does not disclose an image that if disclosed would be a violation
of this section or if the image is a realistic pictorial representation.

D.

e.
For
the purposes of this section:

1. "Disclose" means display, distribute,
publish, advertise or offer.

2. "Disclosed by electronic means" means
delivery to an email address, mobile device, tablet or other electronic device
and includes disclosure on a website.

3. "Harm" means physical injury, financial
injury or serious emotional distress.

4. "Identifiable person"
means a person who is recognizable by any person, including the person himself,
by any part of the person or by any other information that is part of the
depiction.

4.

5.
"Image"
means a photograph, videotape, film, digital recording or realistic pictorial
representation.

5.

6.
"Realistic
pictorial representation":

(a) Means an image that is created or modified to
reasonably appear to be an actual image of an identifiable person depicted in a
state of nudity or engaged in specific sexual activities that did not actually
occur.

(b) Does not include an image made in the public
interest, including scientific or educational activities, a newsworthy event or
an issue of public concern.

6.

7.
"Reasonable
expectation of privacy" means the person exhibits an actual expectation of
privacy and the expectation is reasonable.

7.

8.
"Specific
sexual activities" has the same meaning prescribed in section 11-811,
subsection E, paragraph 18, subdivisions (a) and (b).

8.

9.
"State
of nudity" has the same meaning prescribed in section 11-811,
subsection E, paragraph 14, subdivision (a).
END_STATUTE

Sec. 2.
Heading change;
transfer and renumber

A. The chapter heading of
title 18, chapter 7, Arizona Revised Statutes, is changed from "
government information technology use"
to "
sexual material on the
internet".

B. Title 18, chapter 7,
Arizona Revised Statutes, is transferred and renumbered for placement in title
44, Arizona Revised Statutes, as chapter 30. Title 18, chapter 7,
article 1, Arizona Revised Statutes, is transferred and renumbered for
placement in title 44, chapter 30, Arizona Revised Statutes, as article
1. Section 18-701, Arizona Revised Statutes, is transferred
and renumbered for placement in title 44, chapter 30, article 1, Arizona
Revised Statutes, as section 44-7301.

Sec. 3. Title
44, chapter 30, article 1, Arizona Revised Statutes, as transferred and
renumbered, is amended by adding section 44-7302, to read:

START_STATUTE
44-7302.

Sexual material on the internet; verification and consent
requirements; records; applicability; civil penalties; definitions

A. A
commercial entity that knowingly and intentionally publishes or distributes,
and allows the publication or distribution of, sexual material on an
internet website shall do all of the following:

1. Require each person who uploads or
places the sexual material on an internet website to verify, using reasonable
verification methods, EITHER of the following:

(
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
material and Was at least eighteen years of age at the time the sexual material
was created.

(
b
) That the
sexual material was created before the enactment of the child protection and
obscenity enforcement act of 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.

2. Maintain records of the
verification for at least seven years.

3. Implement reasonable measures to
prevent the uploading of sexual material that does not have verified consent,
including using automated detection tools where feasible.

B. This section does not apply to any
of the following:

1. A news or public interest
broadcast or publication.

2. Material that is distributed for
bona fide scientific, medical or educational purposes.

3. An internet service provider, an
internet service provider's affiliates or subsidiaries, a search engine or a
cloud service provider that solely provides access or a connection to or from a
website or other information or content on the internet or on a facility,
system or network that is not under that internet service provider's control,
including transmission, downloading, intermediate storage, access software or
other services to the extent that the internet service provider, search engine
or cloud service provider is not responsible for the creation or direct hosting
of the sexual material.

4. A motion picture that was produced
before the effective date of this section and that was rated by the motion
picture association or its predecessor, the motion picture association of
america.

5. A television program or television
series that was produced before the effective date of this section.

C. A commercial entity that publishes
or distributes sexual material on an internet website without complying with
subsection A of this section and in violation of this section is subject to:

1. A civil penalty of $10,000 for
each day of the violation.

2. Actual damages.

3. Costs and reasonable attorney
fees.

4. Additional relief, including
injunctive relief.

D. 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
impression.

(
d
) Criticism
of matters of public concern.

E. The attorney general may bring an
action to enforce this section and, in addition to any penalty provided for in
section 13-3553, may seek civil penalties of up to $250,000 if a minor is
depicted in the sexual material that is published or distributed in violation
of this section.

F. The following persons may bring a
civil action pursuant to this section:

1. The attorney general.

2. An individual who is depicted in
the sexual material and who did not consent to the depiction.

G. For the purposes of this section:

1. "Commercial entity" has
the same meaning prescribed in section 44-7301.

2. "Consent" means
affirmative, conscious and voluntary authorization that is given by an
individual and that is documented and verifiable.

3. "Direct hosting":

(
a
) Means
storing sexual material on servers, systems or networks that are controlled or
operated by the commercial entity where the commercial entity enables users to
upload the material and makes the material accessible for viewing, downloading,
sharing or distribution by other users or the public through the entity's
website, application or platform.

(
b
) Does not include any
of the following:

(
i
) Transitory
digital network COMMUNICATIONS or the mere provision of internet connectivity
or access.

(
ii
) System
caching or intermediate storage that is incidental to transmission.

(
iii
) Information
location tools, including search engines, that only index, link to or reference
content that is hosted by a third party without storing the material on the
commercial entity's controlled systems.

4. "Distribute" has the
same meaning prescribed in section 44-7301.

5. "Identifiable
individual" means a person who is recognizable by any person, including
the person himself, by any part of the person or by any other information that
is part of the depiction.

6. "Publish" has the same
meaning prescribed in section 44-7301.

7. "Reasonable verification
methods":

(
a
) Means any
commercially reasonable method that is regularly used by businesses to verify
consent, age or the date the sexual material was created, without requiring or
allowing the use of any government-issued digital identification system.

(
b
) Includes:

(
i
) An
affidavit that attests to the consent and age of each depicted person or that
attests to the date the sexual material was created if the sexual material was
created before the enactment of the child protection and obscenity enforcement
act of 1988 (P.L. 100-690; 102 STAT. 4485).

(
ii
) A
verification through an independent third party.

(
iii
) Any other
commercially reasonable method.

8. "Sexual material"
includes sexual material that is harmful to minors as defined in section 44-7301
and may include A synthetic depiction.

9. "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.

10. "Television program or
television series" means a reoccurring or episodic production that is
intended in its pilot or initial run to be broadcast on a free or subscription
television service, cable, satellite or streaming platform and that has a
running time of twenty minutes or more in length, including commercial
advertisement and interstitial programming.
END_STATUTE

Sec. 4.
Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.

Sec. 5.
Short title

This act may be cited as the
"Protect Act".