West Virginia 2024 Regular Session

West Virginia Senate Bill SB741

Introduced
2/9/24  
Refer
2/9/24  
Engrossed
2/20/24  

Caption

Prohibiting creation, production, distribution or possession of artificially generated child pornography

Impact

If enacted, SB741 would amend West Virginia's Code by adding a new section that specifically addresses AI-generated child pornography. This legislative initiative recognizes that offenders could exploit technology to create harmful representations of children, prompting lawmakers to take proactive measures to prevent potential abuse. The inclusion of terms regarding artificial intelligence within the statute aims to ensure that those utilizing such technologies to create illegal content face serious legal consequences. This bill represents a significant step in adapting state laws to the digital age while prioritizing the welfare of children.

Summary

Senate Bill 741 seeks to address the growing concern of artificial intelligence technology being used to create visual depictions of child pornography. The bill establishes new criminal offenses targeting the creation, production, distribution, or possession of AI-generated images that depict minors, even when no actual children are represented. This legislative measure aims to clarify and expand the existing laws governing child exploitation while acknowledging the unique challenges posed by advancements in AI. By setting clear definitions and penalties, the bill intends to create a more robust legal framework to deter such digital crimes and protect minors.

Sentiment

The sentiment surrounding SB741 appears largely supportive, reflecting a consensus on the need to combat child exploitation in all forms, including that facilitated by technology. Legislators from both sides of the aisle have expressed concerns about the implications of unused AI tools that could create harmful images, signaling a unified approach to protecting children. However, while there is bipartisan support for the bill, some discussions raised caution about the potential ramifications for artistic expression and the definitions of creation and distribution in the context of art and technology.

Contention

One notable point of contention regarding SB741 is the balance between preventing exploitation and maintaining freedom of expression. Critics may argue that vague definitions surrounding AI-generated content could lead to overreach or unintended consequences for individuals involved in legitimate artistic endeavors. Moreover, a discussion on the efficacy of criminalizing artificial intelligence creations might emerge, as technological advancements continue to evolve rapidly, necessitating ongoing dialogue to adjust the legal parameters appropriately. Lawmakers will need to address these concerns if the bill is to be implemented without infringing upon rights that protect creativity.

Companion Bills

No companion bills found.

Previously Filed As

WV SB252

Prohibiting obscene materials in or within 2,500 feet of WV schools

WV HB3096

Creating the Distribution and Manufacturing Center Tax Credit Act

WV HB3169

Creating a Distribution Center Refundable Toll Payments Tax Credit Act

WV HB2315

Prohibiting the home schooling of children in certain circumstances

WV SB669

Creating criminal offense prohibiting public disclosure of restricted information

WV HB2593

Creating the WV Energy Efficiency Jobs Creation Act

WV HB3183

Child Protection Act

WV HB2884

Requiring a minimum of 7 year term in state prison for conviction of distributing controlled substances

WV SB90

Amending penalty of simple possession of marijuana from misdemeanor crime to civil violation

WV HB2920

To prohibit the distribution of smoking devices as part of a harm reduction program

Similar Bills

No similar bills found.