The expansion of artificial intelligence (AI) has led to the creation of “deep fakes”, an AI-generated image of a person. Users may generate AI video images in any imaginable scenario without computer coding experience. Legislatures nationwide are rapidly creating legislation to crack down on deep fakes. Specifically, the focus point across multiple states has been the creation of pornographic images using AI.

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Minnesota Bill Criminalizing Pornography Created via Artificial Intelligence

In Minnesota, SF 1394 would criminalize the use of deep fake technology to spread non-consensual sexual images and to influence elections. This bill prevents the spread of any sexually depicted images that are generated via AI software, even if the person depicted is not a living human being. This bill was on its second engrossment. 

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New Jersey’s Plan to Prevent Pornography Created via Artificial Intelligence

In New Jersey, S976 would ban the use of deep fake technology for pornography of any kind. Proceeding with this would be considered a criminal act, and there would be both criminal and civil consequences for non-consensual disclosure of any of these actions. This bill was introduced to the Senate on January 9, 2024. The bill was referred to the Senate Judiciary Committee.

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Oklahoma criminal scope expands to include artificial intelligence-created pornography

On January 18, 2024, HB3865 was introduced to the Oklahoma House to expand the scope of crime and criminal punishments to include crimes involving using AI for illicit activities. Specifically, the bill focuses on pornography created using AI.

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South Dakota Gov. Signs Ban on AI-Created Pornography

In South Dakota, SB79 focused on the possession, distribution, and manufacturing of child pornography. The bill focuses on expanding the criminal scope for child pornography to include various digital platforms, including that created by AI. This bill was introduced on January 11, 2024, and was signed by the Governor on February 12, 2024.

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