Bill > S3823

Introduced Session

This bill amends and updates the law prohibiting child pornography in two important respects. First, under the bill, the statute concerning child pornography is separated from its current placement within the statute concerning child endangerment, so as to create a separate and distinct crime. This is intended to provide clarity in law enforcement and court documents, and the analysis and tracking of crime statistics, when referring to child pornography rather than the broader crime of child endangerment. Because of this recodification of the statute, it is necessary to also update the cross references in other sections of law that refer to either child pornography or child endangerment. Second, under the bill, the crime of child pornography is expanded to include manipulated depictions, also known as "deepfakes," that by means of image manipulation, creation, or modification, appear to show an identifiable child or a purported child engaging in a prohibited sexual act or in the simulation of such an act. The bill also amends the statutes concerning obscenity to include manipulated depictions, also known as "deepfakes," that by means of image manipulation, creation, or modification, appear to show a purported child engaging in a prohibited sexual act or in the simulation of such an act. Under current jurisprudence, the distinction between child pornography and obscenity is that child pornography involves the depiction of an actual victim (i.e., an identifiable child), while obscenity does not require the depiction of an actual victim. The bill also amends the statute concerning leaders of child pornography networks to bring that statute into conformity with the provision of the child pornography statute concerning possession with intent to distribute. Under current law, leader of a child pornography network is a crime of the first degree if the offense involves 100,000 or more items depicting the sexual exploitation or abuse of a child, a crime of the second degree if the offense involves at least 1,000 but less than 100,000 items, and a crime of the third degree if the offense involves less than 1,000 items. Under the bill, leader of a child pornography network is a crime of the first degree if the offense involves 1,000 or more items; otherwise it is a crime of the second degree. These are the same thresholds as the crime of possession with intent to distribute child pornography. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Finally, the bill also amends the invasion of privacy statute in two important respects. First, the statute is amended to include manipulated depictions, also known as "deepfakes," that by means of image manipulation, creation, or modification, appear to show an intimate or sexually explicit image of a person who did not in fact consent to such depiction or engage in the depicted conduct. Second, the statute is amended to clarify that a person's consent to being photographed, filmed, or recorded in an intimate or sexual manner does not imply consent to the distribution of such images.

AI Summary

Committee Categories

Kristin Corrado (R)*,  Vin Gopal (D)*,  Renee Burgess (D),  Patrick Diegnan (D),  Angela Mcknight (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 10/24/2024)

Official Document