HB 148 Artificial Pornographic Images Amendments clarifies that certain prohibited materials in Title 76, Chapter 5b, Sexual Exploitation 9Act include computer-generated videos.

HB 238 Sexual Exploitation of a Minor Amendments was another high priority AI bill this session that passed. This bill adds artificially generated images to the child sexual abuse material statute, thereby removing the affirmative defense that no minor was actually depicted in the material. The newer version of the bill removes the original language stating that child sexual abuse material includes "a depiction that would lead a reasonable person to conclude that a minor is engaging in sexually explicit conduct." The bill is unconstitutional on its face in light of the United States Supreme Courts decision in Free Speech Coalition v. Ashcroft. We spoke against the bill in the Senate Judiciary Committee. Despite its patent unconstitutional nature, the bill passed. The sponsor anticipates constitutional challenges and believes the U.S>Supreme court, given its current make up, will over rule the Ashcroft decision.

SB 131 Information Technology Act Amendments is another AI bill this session that passed. It originally added a penalty enhancement for several crimes if committed with artificial intelligence, but we spoke with the sponsor and changed the language so instead of increasing penalties, the use of AI becomes an aggravating factor.

Another AI bill, SB 149 Artificial Intelligence Amendments, passed, providing that an actor may be found guilty of an existing offense if the offense is committed with the aid of a generative artificial intelligence.