North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S828

Introduced
5/2/24  

Caption

Child Protection & Deepfake Prohibition Act

Impact

The bill proposes significant amendments to existing state laws regarding sexual exploitation of minors under G.S. 14-190.16, G.S. 14-190.17, and G.S. 14-190.17A. It outlines clear definitions and increases the penalties associated with the creation, distribution, and possession of visual materials that misrepresent minors in sexual contexts, categorizing violations as felonies ranging from Class C to Class H, depending on the nature of the offense. Additionally, a sum of one million dollars is appropriated to assist law enforcement agencies in enforcing the new provisions, emphasizing a strong commitment to child protection.

Summary

Senate Bill 828, known as the Child Protection & Deepfake Prohibition Act, aims to strengthen the legal framework against the production and dissemination of visual representations that falsely depict minors in sexual activities. The bill addresses issues arising from the use of deepfake technology, which can be misused to create harmful and exploitative content involving minors. By prohibiting such acts, the legislation seeks to enhance the protections for children against digital exploitation.

Sentiment

The sentiment surrounding SB 828 appears to be largely supportive, driven by a consensus on the need for stronger protections for children in the context of rapidly advancing technology. Proponents advocate for the bill as a necessary measure to combat digital exploitation and reflect a societal commitment to safeguarding minors. Conversely, concerns may arise regarding the implications for freedom of expression and the practical challenges of enforcing such laws, particularly with the nuances of deepfake technology and distinguishing artistic expression from malicious intent.

Contention

Notable points of contention may include the balance between necessary legislative action to protect minors and potential overreach into areas affecting creative expression or legitimate representation. Critics could argue that while the intent is to protect children from exploitation, the broad language regarding visual representations could inadvertently criminalize innocent artistic expression. Additionally, the effectiveness of the allocated funding in enforcing the new provisions raises questions about the actual impact on local law enforcement capabilities and training.

Companion Bills

No companion bills found.

Previously Filed As

NC H591

Modernize Sex Crimes

NC S579

Prevent Harm to Children

NC H83

Revise Laws Governing Minors

NC SB2437

"Prohibition of Exploitation by Deepfakes Act"; enact.

NC H3471

Sexual exploitation of minors, morphed child pornography

NC H3043

Sexual exploitation of minors, morphed child pornography

NC HB358

Deepfakes: Liability; Elections

NC H4123

Protection of Minors from Pornography and Obscenities Act

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