Okla. Stat. tit. 21, § 21-1040.13bv1

images.

A. As used in this section:

1. "Artificial intelligence" means a machine-based system that

can, for a given set of human-defined objectives, make predictions,

recommendations, or decisions influencing real or virtual

environments, including the ability to:

a. perceive real and virtual environments,

b. abstract perceptions made under this paragraph into

models through analysis in an automated manner, and

c. use model inference to formulate options for

information or action based on outcomes under

subparagraphs a and b of this paragraph.

The term includes generative artificial intelligence;

2. "Artificially generated sexual depiction" means a visual

depiction:

a. that appears to authentically depict an individual in

a state of nudity or engaged in sexual conduct that

did not occur in reality, and

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b. the production of which was substantially dependent

upon technical means, including artificial

intelligence or photo editing software, rather than

the ability of another person to physically

impersonate the other person;

3. "Generative artificial intelligence" means the class of

models that emulate the structure and characteristics of input data

in order to generate derived synthetic content, including

information such as images, videos, audio clips, or text, that has

been significantly modified or generated by algorithms, including by

artificial intelligence;

4. "Image" includes a photograph, film, videotape, digital

recording or other depiction or portrayal of an object, including a

human body;

5. "Intimate parts" means the fully unclothed, partially

unclothed or transparently clothed genitals, pubic area or female

adult nipple;

6. "Sexual act" means sexual intercourse including genital,

anal or oral sex; and

7. "Visual depiction" means any depiction, photograph, film,

performance, or image displayed, stored, shared, or transmitted in

any format and on any medium including data that is capable of being

converted into a depiction, picture, movie, performance, or image.

B. 1. A person commits nonconsensual dissemination of private

sexual images when he or she:

a. intentionally disseminates an image of another person

who is engaged in a sexual act or whose intimate parts

are exposed, in whole or in part,

b. obtains the image under circumstances in which a

reasonable person would know or understand that the

image was to remain private, and

c. disseminates the image without the effective consent

of the depicted person.

2. A person commits nonconsensual dissemination of private

sexual images when he or she:

a. disseminates an artificially generated sexual

depiction of another person with the intent or with

reckless disregard to harass, annoy, threaten, alarm,

or cause physical, emotional, reputational, or

economic harm to the depicted person, and

b. disseminates the artificially generated sexual

depiction without the effective consent of the

depicted person.

C. The provisions of this section shall not apply to the

intentional dissemination of an image or artificially generated

sexual depiction of another identifiable person who is engaged in a

sexual act or whose intimate parts are exposed when:

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1. The dissemination is made for the purpose of a criminal

investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection

with, the reporting of unlawful conduct;

3. The images or artificially generated sexual depictions

involve voluntary exposure in public or commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose

liability upon the following entities solely as a result of content

or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C.,

Section 230(f)(2);
ficially generated sexual depictions

involve voluntary exposure in public or commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose

liability upon the following entities solely as a result of content

or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C.,

Section 230(f)(2);

2. A wireless service provider, as defined in Section 332(d) of

the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,

Federal Communications Commission rules, and the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the

forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in a county jail for not more than one

(1) year or by a fine of not more than One Thousand Dollars

($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the

provisions of subsection B of this section and who gains or attempts

to gain any property or who gains or attempts to gain anything of

value as a result of the nonconsensual dissemination or threatened

dissemination of private sexual images or artificially generated

sexual depictions shall, upon conviction, be guilty of a felony

punishable by imprisonment in the custody of the Department of

Corrections for not more than five (5) years. A second or

subsequent violation of this subsection shall be a felony punishable

by imprisonment in the custody of the Department of Corrections for

not more than ten (10) years and the offender shall be required to

register as a sex offender under the Sex Offenders Registration Act.

H. The state shall not have the discretion to file a

misdemeanor charge, pursuant to Section 234 of Title 22 of the

Oklahoma Statutes, for a violation pursuant to subsection G of this

section.

I. The court shall have the authority to order the defendant to

remove the disseminated image or artificially generated sexual

depictions should the court find it is in the power of the defendant

to do so.

J. Nothing in this section shall prohibit the prosecution of a

person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,

1024.2, or 1040.12a of this title or any other applicable statute.

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K. Any person who violates the provisions of subsection B of

this section by disseminating three or more images or artificially

generated sexual depictions within a six-month period shall, upon

conviction, be guilty of a felony punishable by imprisonment in the

custody of the Department of Corrections for not more than ten (10)

years.