Law / United States /
Idaho
Disclosing explicit synthetic media
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not knowingly disclose explicit synthetic media (an image or video created or altered using technical means such as artificial intelligence to realistically misrepresent an identifiable person as engaging in conduct they did not engage in) of a real, identifiable person without their consent where disclosure would cause substantial emotional distress, or with intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade that person, or to extort money or other valuable consideration by threatening disclosure.
- The felony tier applies if the identifiable person is a minor, or if you were previously convicted of a violation of this section or a similar statute elsewhere within the past five years; otherwise a violation is a misdemeanor.
- Exceptions to the lack-of-consent-and-emotional-distress theory of liability (subsection (1)(a) only, not the harassment-intent or extortion theories) exist for a lawful criminal investigation or prosecution, reporting unlawful conduct, a matter of genuine public interest, legitimate scientific research or education, and disclosure in the normal course of civil legal proceedings or under a court's nondissemination order; a public figure's mere presence in the media does not by itself make it a matter of public interest.
- As an interactive computer service, information service, or telecommunication service, you are not liable for another person's content unless you intentionally aid or abet the disclosure.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A misdemeanor for a base violation; a felony, punishable by imprisonment for no more than ten years, a fine of no more than $25,000, or both, where the identifiable person is under eighteen or the violator has a qualifying prior conviction within the past five years.
Penalty structure
The felony tier's maximum fine; up to ten years' imprisonment may be imposed instead of, or together with, the fine. The base misdemeanor tier under subsection (2) carries no fine or imprisonment figure stated in this section.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 25,000
What it makes you log
Logging duty
Section 18-6606 defines the crime of disclosing explicit synthetic media and states its penalties and exceptions; it states no logging or record-keeping duty.
- Kind
- None
- As of
What this law does
A person is guilty of disclosing explicit synthetic media (any image or video created or altered using technical means, such as artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct in which the individual did not engage) when the person knowingly discloses it either knowing or having reason to know the identifiable person did not consent and that disclosure would cause substantial emotional distress, or with intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade the identifiable person, or possesses and threatens to disclose it to obtain money or other valuable consideration.
A base violation is a misdemeanor; it becomes a felony, punishable by up to ten years' imprisonment, a fine of up to $25,000, or both, where the identifiable person is under eighteen or the person was previously found guilty of a violation of this section or a similar statute elsewhere within the past five years.
Exceptions to the lack-of-consent-and-emotional-distress theory of liability under subsection (1)(a) cover disclosure for a lawful criminal investigation or prosecution, reporting unlawful conduct, a matter of genuine public interest (a public figure's mere presence does not by itself qualify), legitimate scientific research or education, or disclosure made in the normal course of civil legal proceedings or under a nondissemination court order; none of them reaches the harassment-intent theory in subsection (1)(b) or the extortion theory in subsection (1)(c).
An interactive computer service, information service, or telecommunication service is not liable for content provided by another person unless it intentionally aids or abets the disclosure. The section was added by 2024 Idaho Session Laws chapter 105 (House Bill 575) and later amended by 2026 Idaho Session Laws chapter 121 (House Bill 727), which revised only the penalty provision; the Idaho Legislature's own bill status record for House Bill 575 states an effective date of .
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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