The enrolled measure would punish certain nonconsensual sexual deepfakes, AI systems tied to child pornography or self-harm, and related conduct starting July 1, 2026.
People who knowingly share, promote, or use certain nonconsensual sexual deepfakes to threaten someone would face felony penalties of up to 10 or 12 years.
People who knowingly build AI for child pornography, or knowingly create or possess AI-generated child pornography, would face felony penalties, with listed institutional exceptions.
Developers or distributors who knowingly design AI to promote self-harm would face a felony punishable by up to 10 years in prison, a $10,000 fine, or both.
AI use would not excuse a crime, while developers would generally be protected from damages for another person's harmful misuse unless the system was built mainly for illegal activity.
A person would face criminal penalties for knowingly sharing, promoting, or threatening to share certain synthetic sexual material. The rule covers material that realistically depicts an identifiable person, including exposed intimate parts or sexual conduct, and certain threats made to obtain a benefit. For sharing or transmitting material, the person must know it was created or changed without the depicted person's consent and under circumstances where the person reasonably expected privacy. The sharing must cause harm or be intended to cause harm, or the person must knowingly promote the material online. The threat must be intentional and made to obtain a benefit. The depicted person's earlier consent to creating the material or voluntary transmission of it generally would not be a defense, with an exception for the depicted person who shares it lawfully. The act states that these provisions take effect July 1, 2026.
A person would face felony penalties for knowingly developing or distributing an AI system intended to help others create, share, or promote child pornography, and for certain AI-created child pornography conduct. The provisions cover people who knowingly develop or distribute a system with the required intent or knowledge, and people who knowingly use AI to create or possess child pornography. The system must be specifically designed for the prohibited purpose, and the person must intend or know that others will use it for that purpose. The development crime does not apply when prohibited content results only from user prompts without the developer's intent to encourage it. Exceptions cover genuine school, college, university, museum, public library, law enforcement, and court activities, as well as covered online services for content supplied by another person. The possession provision applies when the person knows the child pornography was generated by AI. The provisions state that these offenses take effect July 1, 2026.
A person would face felony penalties for knowingly developing or distributing an AI system intended to promote self-harm. The rule covers systems specifically designed to promote actions directed at oneself that could cause bodily injury, serious injury, or death. The person must intend that others use the system to promote self-harm or know that others will use it that way. The rule does not apply when the content results only from user prompts without the developer's intent to encourage self-harm. Exceptions cover genuine educational, museum, library, law enforcement, court, and legitimate medical or therapeutic activities, along with covered online services for content supplied by another person. This offense would take effect July 1, 2026.
Using AI to commit a crime would not by itself provide a defense, while an AI developer generally would not owe damages when another person misuses the system for illegal activity or harm. The liability protection applies to developers of AI systems and does not cover a system developed knowing or intending that its main purpose would be illegal or illicit activity. The criminal rule allows the criminal code to apply to activity assisted by AI. Developer protection would not apply when the system was developed with knowledge or intent that its primary purpose would be illegal or illicit activity. The act does not impose liability on covered online, information, or telecommunications services for content supplied by another person. These provisions would take effect July 1, 2026.
No hearings or votes scheduled.