UtahH.B. 2762026 General SessionHouse

Artificial Intelligence Modifications

Sponsored By: Ariel Defay (Republican)

Signed by Governor

TechnologyConsumer ProtectionInternet ProtocolsGovernment RecordsPublic Utilities and TechnologyArtificial IntelligenceSocial Media

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 2 costs, 3 mixed.

Consent protections against fake intimate images

Beginning January 1, 2027, online AI image services cannot distribute fake intimate images of identifiable people without their consent. Consent must be clear, voluntary, informed, and specific to the image, and obtained before generation; people can withdraw it. Services must reasonably verify identity, keep consent records for at least seven years, and avoid demanding unnecessary personal information. They must publish their policy and safeguards, clearly explain reporting procedures, and warn users that prohibited sharing can lead to civil liability. Injured people or their heirs can sue violating services for damages, including emotional distress, and seek removal orders and legal costs.

Victims gain removal rights and damages

Beginning January 1, 2027, platforms covered by the federal Take It Down Act cannot knowingly allow nonconsensual fake intimate images. They must offer clear reporting tools, remove images within 48 hours after a proper notice, and reasonably seek identical copies. Injured people or their heirs can sue without first proving actual losses; each post-notice failure to meet removal requirements is separate. Courts must stop continued violations and order removal or destruction; they can award actual damages, reasonable legal costs, and punitive damages for willful, reckless, or malicious violations. The filing deadline is the later of 10 years after the violation or three years after discovery or reasonably expected discovery.

Platform lawsuits face limits and costs

Beginning January 1, 2027, platforms gain liability protection for qualifying pre-notice conduct when they follow removal procedures in good faith. They can also avoid liability through compliant procedures and good-faith responses, or no prior actual knowledge followed by required removal. When courts grant these defenses on dismissal or summary judgment, they must end the case and award platform legal fees and costs. Lawsuits must explain why those defenses fail, including notice dates, methods, content, and responses; without notice, they must show actual knowledge and failure to take reasonable removal steps within 48 hours. A deficient complaint is dismissed but can be refiled; a deficient amended complaint after that dismissal ends the claim permanently and requires payment of the platform's reasonable fees and costs for that dismissal motion.

Utah enforces content origin protections

Beginning January 1, 2027, Utah's Division of Consumer Protection enforces the content-origin standards. It can impose administrative fines up to $2,500 per violation or bring a court case. Courts can stop violations, require surrender of improperly gained money, direct that money to injured consumers, and fine violators up to $2,500 per violation. Breaking an administrative or court enforcement order can bring an additional penalty up to $5,000 per violation. Collected fines and penalties go to Utah's Consumer Protection Education and Training Fund.

Legal protections limit image service claims

Beginning January 1, 2027, AI image services can avoid liability through specific legal protections. One route requires a public ban on nonconsensual fake intimate images, reasonable safeguards, reporting procedures, and prompt action after notice. Services must also publish a general safeguards description, follow a compliant consent system, and not market themselves as counterfeit intimate-image makers. Services that categorically block intimate-image generation are excused from some consent-system conditions. Another route requires no actual knowledge before notice, a consent system working as designed, and reasonable reliance on information it received.

Large AI providers must mark origins

Beginning January 1, 2027, covered AI providers must embed hidden origin disclosures in images, video, and audio they create or substantially change. Coverage applies to generative AI systems with more than 1 million monthly visitors or users that are publicly accessible in Utah. When technically feasible and reasonable, disclosures must give the creation or alteration date and time. They must identify the capture-device manufacturer or use digital signatures showing AI creation or substantial alteration. Disclosures must follow widely accepted industry standards.

Large platforms must show content origins

Beginning January 1, 2027, large online platforms must detect qualifying origin data embedded in or attached to shared content. This covers platforms exceeding 2 million unique monthly users during the preceding 12 months that distribute content beyond its creators or collaborators. Platforms must show when origin data is available and let users inspect it through an interface, download, or link. When technically feasible, they cannot knowingly strip origin data or digital signatures that meet widely adopted standards.

New capture devices must mark origins

Covered capture devices produced for sale in Utah on or after January 1, 2028, must embed hidden origin details. Manufacturers must include their name or qualifying digital signatures, plus the content's creation or alteration date and time. The requirement applies only when technically feasible and consistent with widely adopted standards. Manufacturers may give users an option to turn the disclosure off.

Sponsors & Cosponsors

Sponsor

  • Ariel Defay

    Republican • House

Cosponsors

  • Kirk A. Cullimore

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 182 • No: 4

House vote • 3/5/2026

House/ concurs with Senate amendment

Yes: 66 • No: 0

Senate vote • 3/4/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 3/4/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 3/4/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 23 • No: 3

Senate vote • 3/4/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 3/4/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 3/4/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/26/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 0

Senate vote • 2/26/2026

Senate Comm - Amendment Recommendation

Yes: 5 • No: 0

House vote • 2/20/2026

House/ floor amendment

Yes: 0 • No: 0

House vote • 2/20/2026

House/ passed 3rd reading

Yes: 66 • No: 0

House vote • 2/12/2026

House Comm - Substitute Recommendation

Yes: 6 • No: 0

House vote • 2/12/2026

House Comm - Amendment Recommendation

Yes: 6 • No: 0

House vote • 2/12/2026

House Comm - Favorable Recommendation

Yes: 5 • No: 1

Actions Timeline

  1. Governor Signed

    3/24/2026
  2. House/ to Governor

    3/12/2026House
  3. House/ received enrolled bill from Printing

    3/12/2026House
  4. House/ enrolled bill to Printing

    3/11/2026House
  5. Enrolled Bill Returned to House or Senate

    3/11/2026
  6. Draft of Enrolled Bill Prepared

    3/6/2026
  7. Bill Received from House for Enrolling

    3/6/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/5/2026House
  9. House/ received from Senate

    3/5/2026House
  10. Senate/ to House

    3/5/2026Senate
  11. Senate/ signed by President/ returned to House

    3/5/2026Senate
  12. Senate/ received from House

    3/5/2026Senate
  13. House/ to Senate

    3/5/2026House
  14. House/ concurs with Senate amendment

    3/5/2026House
  15. House/ placed on Concurrence Calendar

    3/5/2026House
  16. House/ received from Senate

    3/5/2026House
  17. Senate/ to House with amendments

    3/4/2026Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/4/2026Senate
  19. Senate/ uncircled

    3/4/2026Senate
  20. Senate/ circled

    3/4/2026Senate
  21. Senate/ substituted

    3/4/2026Senate
  22. Senate/ uncircled

    3/4/2026Senate
  23. Senate/ circled

    3/4/2026Senate
  24. Senate/ 2nd & 3rd readings/ suspension

    3/4/2026Senate
  25. Senate/ placed on 2nd Reading Calendar

    2/26/2026Senate

Bill Text

  • Enrolled

    3/11/2026

  • Substitute #2

    3/4/2026

  • Amended 2/26/2026 12:02:334

    2/26/2026

  • Amended 2/20/2026 15:02:361

    2/20/2026

  • Amended 2/13/2026 10:02:552

    2/13/2026

  • Substitute #1

    2/11/2026

  • Introduced

    1/16/2026

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