Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1931 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2241 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1931
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Francisco E. Paulino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to enhance protections against child exploitation and misuse of emerging technologies.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/15/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2241 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1931
18	18	By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 1931) of
19	19	Francisco E. Paulino for legislation to enhance protections against child exploitation and misuse
20	20	of emerging technologies. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to enhance protections against child exploitation and misuse of emerging technologies.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 272 of the General Laws, as appearing in the 2024 Official Edition,
30	30	2is hereby amended by striking out existing provisions addressing child exploitation and replacing
31	31	3them with the following sections:
32	32	4 Section 29D. Definitions.
33	33	5 As used in sections 29E through 29I, the following terms shall have the following
34	34	6meanings:
35	35	7 (a) "Child pornography," any visual depiction of a minor engaged in prohibited sexual
36	36	8acts, including depictions created using artificial intelligence or computer-generated
37	37	9technologies.
38	38	10 (b) "Non-consensual explicit material," any visual depiction, including deepfake content,
39	39	11created or distributed without the consent of the depicted individual. 2 of 5
40	40	12 (c) "Computer-generated content," any visual depiction created, adapted, or modified
41	41	13using artificial intelligence or similar technologies that is indistinguishable from an actual minor.
42	42	14 (d) "Child-like sex doll," any obscene anatomical doll, mannequin, or robot designed to
43	43	15resemble a prepubescent child and intended for sexual purposes.
44	44	16 (e) "Prohibited sexual act," any act as defined in section 31 of this chapter.
45	45	17 Section 29E. Possession of Exploitative Material.
46	46	18 (a) Any person who knowingly possesses:
47	47	19 (i) any visual depiction of a minor engaging in a prohibited sexual act; or
48	48	20 (ii) any non-consensual explicit material, including computer-generated content,
49	49	21 shall be punished by imprisonment in the state prison for not less than 2 ½ years and not
50	50	22more than 5 years, or by imprisonment in a jail or house of correction for not less than 1 year and
51	51	23not more than 2 ½ years, and by a fine of not more than $10,000.
52	52	24 (b) A second or subsequent offense, including convictions from other jurisdictions for
53	53	25substantially similar offenses, shall be punished by imprisonment in the state prison for not less
54	54	26than 5 years and not more than 10 years.
55	55	27 Section 29F. Distribution of Exploitative Material.
56	56	28 (a) Any person who knowingly sells, distributes, or disseminates:
57	57	29 (i) any visual depiction of a minor engaging in a prohibited sexual act; or
58	58	30 (ii) any non-consensual explicit material, including computer-generated content, 3 of 5
59	59	31 shall be punished by imprisonment in the state prison for not less than 5 years and not
60	60	32more than 15 years, and by a fine of not more than $25,000.
61	61	33 (b) A second or subsequent offense shall be punished by imprisonment in the state prison
62	62	34for not less than 10 years and not more than 20 years.
63	63	35 Section 29G. Manufacture of Exploitative Material.
64	64	36 (a) Any person who creates, causes to be created, or knowingly permits the creation of:
65	65	37 (i) any visual depiction of a minor engaged in a prohibited sexual act; or
66	66	38 (ii) any non-consensual explicit material, including computer-generated content,
67	67	39 shall be punished by imprisonment in the state prison for not less than 10 years and not
68	68	40more than 20 years, and by a fine of not more than $50,000.
69	69	41 (b) A second or subsequent offense shall be punished by imprisonment in the state prison
70	70	42for not less than 20 years and not more than 40 years.
71	71	43 (c) Manufacturing includes the use of artificial intelligence or digital tools to generate
72	72	44such depictions, as determined through admissible forensic evidence.
73	73	45 Section 29H. Public Awareness and Victim Support.
74	74	46 (a) The Executive Office of Public Safety and Security shall oversee public awareness
75	75	47campaigns addressing child exploitation and the risks of non-consensual explicit material,
76	76	48including the misuse of artificial intelligence. 4 of 5
77	77	49 (b) The office shall administer funding for victim support programs, including
78	78	50counseling, legal aid, and rehabilitation services for individuals impacted by such crimes.
79	79	51 Section 29I. Juvenile Sexting and Diversion.
80	80	52 (a) Minors involved in creating explicit material depicting themselves shall be referred to
81	81	53juvenile diversion programs focused on education and rehabilitation.
82	82	54 (b) If coercion or exploitation is evident, penalties consistent with this chapter shall
83	83	55apply.
84	84	56 SECTION 2. Task Force on Exploitative Technologies.
85	85	57 A task force on exploitative technologies shall be established to monitor advancements in
86	86	58technologies used for exploitation, including artificial intelligence and digital tools. This task
87	87	59force shall:
88	88	60 (a) Be chaired by the Attorney General or their designee.
89	89	61 (b) Include representatives from law enforcement, child protection agencies, forensic
90	90	62analysts, and legal experts.
91	91	63 (c) Work in collaboration with the Massachusetts Artificial Intelligence Strategic Task
92	92	64Force to ensure consistent and complementary recommendations.
93	93	65 (d) Provide annual recommendations to the General Court on legislative and enforcement
94	94	66strategies.
95	95	67 SECTION 3. Fiscal Reporting and Implementation. 5 of 5
96	96	68 The Secretary of Administration and Finance shall prepare a report detailing the fiscal
97	97	69impact of this Act, including costs for enforcement, victim support, and public education
98	98	70initiatives, and submit it to the General Court within 12 months of enactment. This report shall
99	99	71also include an assessment of coordination efforts between existing task forces and agencies.
100	100	72 SECTION 4. Victim Restitution.
101	101	73 Courts shall have the authority to order offenders convicted under this chapter to provide
102	102	74financial restitution to victims for counseling, legal expenses, and other documented costs arising
103	103	75from their exploitation.
104	104	76 SECTION 5. Enforcement Guidelines.
105	105	77 The Executive Office of Public Safety and Security shall develop and disseminate
106	106	78enforcement guidelines for law enforcement agencies to ensure consistent application of this Act,
107	107	79particularly in cases involving AI-generated content and non-consensual explicit materials.
108	108	80 SECTION 6. Severability.
109	109	81 If any provision of this Act is found to be invalid or unconstitutional, the remaining
110	110	82provisions shall remain in full force and effect.