Prohibiting creation, production, distribution, or possession of artificially generated child pornography

New provision added to prevent the law from applying to visual portrayals of actual adults who were not minors when the image was created.

Updated language to clarify that it's sufficient for prosecution if material visually portrays a minor, regardless of whether the subject's actual age can be determined.

Image counting thresholds for penalties were adjusted from 50-300 images to 50-600 images, with higher penalties for 600+ images or content depicting violence against children or bestiality.

Added a new crime for nonconsensual disclosure of private intimate images with specific penalties for first and subsequent offenses.

Added new offense prohibiting minors from creating, possessing, or distributing nude or partially nude images of minors.

Expanded definition of prohibited material to include 'computer-generated child pornography' created through artificial intelligence or computer technology.

Added definition of 'identifiable minor' and 'indistinguishable' specifically for AI-generated content.

Increased minimum prison sentences for distributing large quantities of child sexual abuse material, with new tiers for 50-300 images, 300-600 images, and 600+ images or content depicting violence/bestiality.

Created a new requirement for non-exempt persons to immediately report discovered images to law enforcement or the Cyber Tipline.

Removed the provision allowing minors to claim an affirmative defense if they did not solicit receipt or distribute the prohibited material.

Added exemptions for law enforcement, prosecutors, judges, and other legal professionals who handle evidence in the course of their official duties.

Added explicit definition for 'fabricated intimate image' to cover AI-generated or computer-manipulated images depicting intimate parts or sexually explicit conduct.

Updated definition of 'visual portrayal' to explicitly include content created by artificial intelligence or digital manipulation.

Lowered the threshold for criminal prosecution of distributing child sexual abuse material from 600 images to 50 images for misdemeanor charges, with enhanced penalties for 50-600 images and severe penalties for 600+ images or content depicting violence/bestiality.

Added confidentiality provisions requiring that prohibited media not be published to the public during investigations or prosecutions.

Added new criminal offense for nonconsensual disclosure of fabricated intimate images with specific penalties and intent requirements.

Clarified that age is not a defense if the visual portrayal was originally created when the subject was under 18, even if they are now 18 or deceased.

Added exemptions for law enforcement, prosecutors, attorneys, judges, jurors, and support personnel when acting in official duties.

Reorganized and modernized language throughout the bill for clarity and consistency, including updating formatting and section numbering.

Added new section §61-8C-3c covering mandatory reporting requirements for individuals who view images depicting minors in sexually explicit conduct on electronic devices.

Added comprehensive definitions including 'computer-generated child pornography', 'identifiable minor', 'indistinguishable', and 'visual portrayal' to clarify what constitutes prohibited content.

Modified penalty structure to include specific thresholds based on image counts (50, 300) and added provisions for video clips to be counted as multiple images.

Added exemptions for law enforcement officials, prosecutors, attorneys, judges, jurors, and support personnel when acting in official duties.

Added new offense §61-8C-3a prohibiting creation, possession, or distribution of child erotica for purely prurient purposes.

Added new offense §61-8C-3b making it a juvenile delinquency offense for minors to possess or distribute nude or partially nude images of minors.

Added new offense §61-8-28a covering nonconsensual disclosure of fabricated intimate images created through artificial intelligence or computer technology.