Proposed state law would criminalize use of AI to make child sexual abuse material

COLUMBUS, Ohio (WCMH) – There’s a loophole in Ohio law that allows people to create child sexual abuse images using artificial intelligence – and state officials hope to close it.

Legislation spearheaded by Ohio Attorney General Dave Yost would fold AI-generated images of child sexual abuse into existing laws criminalizing obscene material of minors. The bill would also put social media companies and websites on the hook for removing AI-generated child pornography from their platforms, or else face financial penalties.

“Child pornography has long been outlawed in Ohio, but the unchecked rise of AI has created a gray area for predators to fuel their sick fantasies,” Yost said in a news release. “We need to act quickly to protect Ohio’s children by expanding existing child pornography laws to cover artificial intelligence.”

Senate Bill 317, introduced on Wednesday by Republican Sens. Louis Blessing (Colerain Township) and Terry Johnson (McDermott), would make the production and distribution of AI-generated child sexual abuse material a third-degree felony. Possessing such material would constitute a fourth-degree felony.

If AI-generated child pornography is found on social media platforms or websites, the company would have to remove the material within 24 hours of being notified by Yost’s office. Companies would be fined $1,000 for each day the material remains online.

In September, Yost and every other state attorney general sent a letter to congressional leaders urging them to tackle AI-generated child sexual abuse material at the federal level. The letter called for the creation of an expert commission to study how AI can be used to exploit children, followed by the passage of a federal law criminalizing AI-generated child pornography.

“Whether the children in the source photographs for deepfakes are physically abused or not, creation and circulation of sexualized images depicting actual children threatens the physical, psychological, and emotional wellbeing of the children who are victimized by it, as well as that of their parents,” the letter reads.

The bill tackles other ethical issues related to the proliferation of generative AI, including the creation of “deepfakes,” or AI-generated images and videos that impersonate someone, often to spread falsehoods or depict obscenity. Under SB317, any content made using AI must have a “distinctive watermark” alerting viewers to it being created with AI, and those found removing watermarks could be fined up to $10,000.

The proposed law would further criminalize “deepfakes” using a person’s image, voice or likeness in a way that would defame that person or defraud another. AI-generated nudity, pornography or obscenity of an adult would also be banned unless that person consents to its creation.

“Artificial intelligence is a powerful tool that can unfortunately be used in harmful and obscene ways,” Blessing said. “This legislation seeks to protect the safety and privacy of all Ohioans, especially our children, from misuse of this new technology.”

A similar bill introduced in the House in mid-January would enable people to sue those who create a “deepfake” using their name, image, voice or likeness. Under that bill, House Bill 367, courts would be able to order the removal of “malicious deepfakes” and fine perpetrators up to $15,000.

Without federal regulations curbing the use of AI to create deepfakes, several states have moved to do so. Five states have enacted laws requiring deepfakes to be labeled and banning those that depict political candidates, while 13 others, including Ohio, have introduced similar laws. Texas, Minnesota and New York have specifically outlawed nonconsensual deepfake pornography.

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