Assigned to JUDE                                                                                                             AS PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

AMENDED

FACT SHEET FOR h.b. 2678

indistinguishable; visual depiction; definition.

Purpose

Modifies certain definitions relating to the sexual exploitation of children criminal classification to account for images created or modified by means of computer software, artificial intelligence or other digital editing tools.

Background

Statute outlines several criminal classifications specifically relating to the sexual exploitation of children, including commercial sexual exploitation of a minor, admitting minors to public displays of sexual conduct and aggravated luring of a minor for sexual exploitation (Title 13, Chapter 35.1). For the purposes of these classifications, a visual depiction is defined as a visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image, and a minor is defined as a person who was under 18 years old at the time a visual depiction was created, adapted or modified (A.R.S. §
13-3551).

The Joint Legislative Budget Committee fiscal note estimates that H.B. 2678 could result in additional costs to the courts and the Arizona Department of Corrections, Rehabilitation and Reentry, to the extent that changes to certain definitions could result in additional prosecutions and convictions, but an exact impact cannot be determined in advance (JLBC fiscal note).

Provisions

1. Modifies the definition of visual depiction to include undeveloped films, videotapes or photographs, regardless of whether the image is created or modified by means of computer software, artificial intelligence or other digital editing tools.

2. Modifies the definition of minor to include visual depictions of minors that are indistinguishable from an actual minor.

3. Defines indistinguishable as a visual depiction such that a person viewing the depiction would reasonably conclude that the depiction is of an actual minor.

4. Modifies the definition of dangerous crime against children (DCAC) to include sexual exploitation of a minor and commercial sexual exploitation of a minor when the offense involves a visual depiction that is indistinguishable from an actual minor under 15 years old.

5. Makes conforming changes.

6. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Modifies the definition of a DCAC to specify that both sexual exploitation of a minor and commercial sexual exploitation of a minor involving a visual depiction that is indistinguishable from an actual minor under 15 years old are considered DCACs.

House Action Senate Action

JUD                 2/12/25      DP       6-3-0-0               JUDE              3/5/25        DP              7-0-0                         

3^rd Read          2/20/25                  41-17-2

Prepared by Senate Research

March 31, 2025

ZD/ci