SB741 HJUD AM. #1 3-4

Casto 3264

The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

Be it enacted by the Legislature of West Virginia:

ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.

§61-8A-3. Exemptions from criminal liability.

The criminal provisions of §61-8A-2 of this code do not apply to:

(a) A bona fide school, in the presentation of local or state approved curriculum;

(b) A public library, or museum, which is displaying or distributing any obscene matter to a minor only when the minor was accompanied by his or her parent

(c) (a) A licensed medical or mental health care provider, or judicial or law-enforcement officer, during the course of medical, psychiatric, or psychological treatment or judicial or law-enforcement activities;

(d) (b) A person who did not know or have reason to know, and could not reasonably have learned, that the person to whom the obscene matter was distributed or displayed was a minor and who took reasonable measures to ascertain the identity and age of the minor;

(e) (c) A person who routinely distributes obscene matter by the use of telephone, computer network or the Internet and who distributes such matter to any minor under the age of eighteen years after the person has taken reasonable measures to prevent access by minors to the obscene matter; or

(f) (d) A radio or television station, cable television service or other telecommunications service regulated by the federal communications commission.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS

§61-8C-12. Prohibiting the creation, production, distribution, receipt, or possession with intent to distribute visual depictions of child pornography using artificial intelligence; making findings; defining terms; establishing penalties.

(a) (1) As used in this section, "artificial intelligence-created visual depiction" means:

(A) Any developed or undeveloped photographs, pictures or video clip: or

(B) Any digital or computer-generated image, picture, film, or video made by any means, including those transmitted by any means including, but not limited to, streaming media, even if not stored in a permanent format.

(2) As used in this section, "minor" means a visual depiction represented to be a person under the age of 18 or which when viewed by a reasonable prudent person would appear to be or is represented to be a person under the age of 18.

(3) As used in this section, "obscene" has the same meaning as that set forth in the provisions of §61-8A-1 of this code.

(b) Any person who knowingly and intentionally creates, produces, distributes, or who possesses with intent to distribute an artificial intelligence-created visual depiction of any kind whatsoever showing a minor engaging in sexually explicit conduct which is obscene is guilty of a felony and, upon conviction thereof, shall be fined not more than $20,000 or imprisoned in a state correctional facility for not less than one nor more than 10 years, or both fined and imprisoned.

Adopted

Rejected