Prohibits using a child's image to train artificial intelligence to produce child sexual abuse materials. (8/1/26)
Prohibits using a child's image to train artificial intelligence to produce child sexual abuse materials. (8/1/26)
Senate Bill 110 amends Louisiana's child sexual abuse materials statute by creating a new criminal offense and expanding the definition of prohibited materials to encompass artificial intelligence-generated content. The bill adds a new violation under R.S. 14:81.1(A)(3) that makes it unlawful for a person to use an image of a child under seventeen years of age with the intent to train an artificial intelligence model to produce child sexual abuse materials. Additionally, the bill adds R.S. 14:81.1(A)(4), which clarifies that the child depicted in child sexual abuse materials need not be a natural person, thereby extending criminal liability to cases involving synthetic or artificially generated depictions. The definition of "child sexual abuse materials" in R.S. 14:81.1(B)(3) is substantially broadened to explicitly include undeveloped film, videotape, and electronic data capable of conversion into visual images, as well as all forms of digital, computer-generated, and artificially intelligent images depicting sexual performances involving children under seventeen.
The statute now encompasses both real children and synthetic representations, fundamentally expanding criminal liability in this area. Prosecutors may now charge individuals who use real images of minors as training data for artificial intelligence systems designed to generate child sexual abuse materials, a practice previously not explicitly addressed under Louisiana law. Additionally, persons who create, possess, distribute, or promote artificially generated child sexual abuse materials face criminal prosecution even though no real child was depicted or harmed in the creation of the synthetic content. This expansion affects not only those engaged in the traditional exploitation of real children but also those involved in the emerging technology of generative artificial intelligence, as well as technology developers and platforms that might facilitate such uses.
The amendment operates within the existing framework of Louisiana's obscenity and child exploitation laws codified in R.S. 14:81.1, which has long prohibited the production, promotion, advertising, distribution, and possession of child sexual abuse materials. The bill's expansion of the "child" definition to include artificial representations raises potential First Amendment considerations regarding the regulation of speech and synthetic content, though such concerns are typically addressed through the established distinction between protected speech and unprotected materials depicting minors. The August 1, 2026 effective date provides implementation guidance, and the amendments preserve existing penalties and defenses associated with R.S. 14:81.1 while adding new prohibited conduct specific to artificial intelligence training and synthetic imagery.
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