SB41

The amendment reorganizes and clarifies the invasive privacy statute by restructuring the three prohibited conduct categories, adding a specific reference to the definition of "nudity" in another statute (§ 22-24A-2), establishing separate and more severe penalties for digitally fabricated material (Class 5 felony) versus other violations, and defining key terms like "digitally fabricated material" and "identifiable" in a new section. These changes STRENGTHEN the bill's enforcement by creating clearer distinctions between different types of privacy violations and imposing harsher penalties for deepfake-type fabrications.

The enrolled version restructures the criminal invasion of privacy statute by consolidating three separate violation categories into a cleaner two-tier framework: subdivisions (1) and (2) cover traditional non-consensual photography and distribution (Class 1 misdemeanor, or Class 6 felony if the victim is under 18 and perpetrator is 21+, or any repeat offense), while subdivision (3) addresses digitally fabricated sexual material (Class 5 felony). This NARROWS the bill's scope by removing a middle category that had previously criminalized manipulated images of adults and reorganizes penalties into a more streamlined enforcement structure.