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 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: 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); 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. 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. Added by Laws 2016, c. 262, § 1, eff. Nov. 1, 2016. Amended by Laws 2020, c. 35, § 1, eff. Nov. 1, 2020; Laws 2024, c. 214, § 1, eff. Nov. 1, 2024; Laws 2025, c. 23, § 1, eff. Nov. 1, 2025.
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