Be it enacted by the Legislature of the state of Utah:
Section 1, Section 20A-11-1104 is enacted to read:
20A-11-1104 (Effective 05/01/24). Disclosure of synthetic media.
(1) As used in this section:
(a) "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.
(b) (i) "Creator" means a person that uses artificial intelligence to generate synthetic
media.
(ii) "Creator" does not include a person that solely provides the technology used in
the creation of the synthetic media.
(c) "Digital content provenance" means purely factual information that:
(i) details a digital resource's creator, origin, context, history, and editing process; and
(ii) conforms to an open industry technical standard.
(d) "Generative artificial intelligence" means artificial intelligence technology that is
capable of creating content such as text, audio, image, or video based on patterns
learned from large volumes of data rather than being explicitly programmed with
rules.
(e) "Sponsor" means a person that pays for the content that uses artificial intelligence to
generate synthetic media.
(f) "Synthetic audio media" means audio content that was substantially produced by
generative artificial intelligence.
(g) "Synthetic visual media" means an image or video that was substantially produced
by generative artificial intelligence.
(2) This section applies to an audio or visual communication that:
(a) is paid for by a candidate campaign committee, political action committee, political
issues committee, political party, or a person using a contribution;
(b) is intended to influence voting for or against a candidate or ballot proposition in an
election or primary in the state; and
(c) contains synthetic media.
(3) An audio communication described in Subsection (2) that contains synthetic audio
media shall include audibly at the beginning and end of the communication the words,
"Contains content generated by AI."
(4) A visual communication described in Subsection (2) that contains synthetic media shall
display throughout the duration of each portion of the communication containing
synthetic media, in legible writing, the words:
(a) "This video content generated by AI," if the content is a video that includes synthetic
visual media but not synthetic audio media;
(b) "This image generated by AI," if the content is an image that includes synthetic
visual media but not synthetic audio media;
(c) "This audio content generated by AI," if the video includes synthetic audio media but
not synthetic visual media; or
(d) "This content generated by AI," if the communication includes both synthetic audio
media and synthetic visual media.
(5) In addition to the requirements in Subsections (3) and (4), a creator or sponsor who
publishes an online digital audio or visual communication described in Subsection (2)
that is viewable, audible, or accessible in the state shall ensure the advertisement carries
embedded tamper-evident digital content provenance that discloses:
(a) the initial author and creator of the content;
(b) any subsequent entities that edited, altered, or otherwise modified the content; and
(c) any use of generative artificial intelligence in generating or modifying the
substantive content.
(6) (a) In a civil action brought against the creator or the sponsor of content that includes
synthetic media by a person to enforce this section, the court may impose a civil
penalty not to exceed $1,000 against a person for each violation of this section that
the court finds a person has committed.
(b) Compliance with this section does not exempt a person from civil or criminal
liability for violations of other applicable law.


Section 2, Section 76-3-203.18 is enacted to read:

76-3-203.18 (Effective 07/01/24). Use of artificial intelligence -- Aggravating
factor.
(1) As used in this section:
(a) "Artificial intelligence" means the same as that term is defined in Section
20A-11-1104 .
(b) "Material assistance" means providing significant or essential support, information,
tools, or other means that facilitate planning, commission, or concealment of a
criminal offense.
(2) The sentencing judge or the Board of Pardons and Parole may consider as an
aggravating factor in their deliberations that the defendant committed or facilitated the
criminal offense with the intentional or knowing use and material assistance of an
artificial intelligence system.
(3) This section does not affect or restrict the exercise of judicial sentencing discretion
under any other provision of Utah law.

Section 3. Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
(2) The actions affecting Section 76-3-203.18 (Effective 07/01/24) take effect on July 1,
2024.