Generation Services

Utah Code tit. 13, ch. 13-72b, pt. 13-72b-P2

in effect

Utah Code § 13-72b-201 Unlawful distribution of non-consensual counterfeit intimate images.

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

Utah Code § 13-72b-202 Civil liability for generation services.

13-72b-202. Civil liability for generation services. (1) A person, or the heirs of a deceased person, who has been injured by a violation recognized in Section 13-72b-201 may bring a civil action against the generation service that committed the violation. (2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-201, the court shall: (a) enjoin the defendant from continuing the violation; and (b) order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Section 13-72b-201 and all copies of the counterfeit intimate image within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each distribution of a counterfeit intimate image depicting an identifiable individual without consent constitutes a separate violation. (6) The statute of limitations for a civil action under this section is the later of: (a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or (b) 10 years from the date of the violation. Enacted by Chapter 352, 2026 General Session

Utah Code § 13-72b-203 Safe harbor for generation services.

13-72b-203. Safe harbor for generation services. (1) A generation service is not liable under Section 13-72b-202 if the generation service demonstrates that: (a) the generation service does not hold itself out as providing services for creating counterfeit intimate images; (b) the generation service has implemented and maintains a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate images; (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate images; and (iii) includes procedures for responding to reports of violations; (c) the generation service acted in accordance with the policy described in Subsection (1)(b) with respect to the alleged violation; (d) the generation service published the policy described in Subsection (1)(b) in a clear and conspicuous location accessible to the public on the generation service's website or primary user interface; (e) the generation service published a general description of the reasonable safeguards described in Subsection (1)(b)(ii), which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards; (f) the generation service implemented and maintained a consent system that complies with Subsection 13-72b-201(3); and (g) upon receiving notice that a counterfeit intimate image was created or distributed without consent, the generation service took prompt action to prevent further distribution. (2) A generation service qualifies for the safe harbor under Subsection (1) even if a non-consensual counterfeit intimate image was distributed through the service if the generation service demonstrates that: (a) the generation service had no actual knowledge that the image was created or distributed without consent before receiving notice; (b) the generation service's consent system was operating as designed; (c) the generation service reasonably relied on information provided through the consent system; and (d) upon discovering the violation, the generation service took prompt action to prevent further distribution. (3) A generation service that has implemented and maintains a written policy and reasonable technical safeguards that categorically prevent the generation of intimate images by the service is not required to comply with the consent requirements in Subsections (1)(b), (1)(c), (1)(e), (1)(f), (2)(b), and (2)(c) to qualify for safe harbor protection under this section. (4) In determining whether a generation service qualifies for safe harbor protection under this section, the court shall, among other relevant factors, consider whether the generation service's safeguards and policies: (a) are consistent with widely accepted industry standards; (b) are regularly updated to address emerging technologies and methods for creating counterfeit intimate images; (c) include technical measures to detect and prevent the generation of counterfeit intimate images; and (d) include reasonable measures to ensure that users are not attempting to circumvent the safeguards. (5) A generation service may assert the safe harbor protections under this section by motion before trial and is not required to proceed to trial to establish eligibility for the safe harbor. Enacted by Chapter 352, 2026 General Session

Utah Code § 13-72b-204 Heightened pleading standard for actions against generation services.

13-72b-204. Heightened pleading standard for actions against generation services. (1) In any action brought under Section 13-72b-202 against a generation service, the complaint shall plead with particularity facts establishing that the generation service does not qualify for safe harbor protection under Section 13-72b-203. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations, including dates, communications, and other evidence, demonstrating that the generation service does not qualify for safe harbor protection under Section 13-72b-203, including facts showing one or more of the following: (a) that the generation service holds itself out as providing services for creating counterfeit intimate images; (b) that the generation service failed to implement a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate images; (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate images; and (iii) includes procedures for responding to reports of violations; (c) that the generation service distributed a counterfeit intimate image depicting the plaintiff without requesting or obtaining the plaintiff's consent; (d) that the generation service had actual knowledge that a counterfeit intimate image was created or distributed without consent and failed to take prompt action to prevent further distribution; or (e) that the generation service intentionally designed the service to facilitate the creation of non-consensual counterfeit intimate images. (3) General or conclusory allegations that a generation service violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A generation service may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the generation service reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint. Enacted by Chapter 352, 2026 General Session

Utah Code § 13-72b-205 Transparency and reporting requirements.

13-72b-205. Transparency and reporting requirements. (1) A generation service shall take reasonable measures to inform users that: (a) distribution of non-consensual counterfeit intimate images is prohibited; (b) violations of this part may result in civil liability; and (c) the service provides procedures for reporting violations. (2) A generation service shall clearly and conspicuously provide to users procedures for reporting violations to the generation service. (3) A generation service shall publish in a clear and conspicuous location on the generation service's website or primary user interface: (a) the written policy required by Subsection 13-72b-203(1)(b); and (b) a general description of the safeguards implemented to prevent the generation of non-consensual counterfeit intimate images, which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards. Enacted by Chapter 352, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter72B/13-72b-P2.html?v=C13-72b-P2_2026050620270101Fetched: 10/26/2026