SB740 SFA Trump #1 3-8

Smith  7883


Senator Trump moved to amend the House amendment on page 4, after line 12, by adding the following:

§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) The Legislature hereby finds that the use of artificial intelligence products to create lifelike, seemingly real media representations of children engaging in sexually explicit conduct as a means of avoiding existing sanctions for the making of child pornography using actual children is a growing problem in the United States which, if it has not done so already, poses a serious threat to West Virginia children. The Legislature further finds that using artificial means of production of child pornography not using actual minors promotes illegal sexual conduct against children. Lastly, the Legislature finds that criminalizing the production and creation of artificial intelligence generated child pornography is the most effective means of protecting West Virginia children.
(b) (1) As used in subsection (c) of 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 subsection (c) of 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 subsection (c) of this section, "obscene" has the same meaning as that set forth in the provisions of §61-8A-1 of this code.
(c) Any person who knowingly and intentionally creates, produces, distributes, or 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.
(d) It is not an element of the offense set forth in this section that the minor depicted actually exist.