Crimes: sexual exploitation of a child.

Plain English Breakdown

The exact definition of 'artificial-intelligence-generated matter' is not provided in the summary.

Expanding Laws on Child Sexual Exploitation

The bill makes it illegal to download, stream, or access through digital media any material that shows children under 18 years old in sexual acts and also includes digitally altered images.

What This Bill Does

• Makes downloading, streaming, or accessing child exploitation materials a crime.
• Expands the definition of child exploitation to include digitally altered and AI-generated images.

Who It Names or Affects

• People who download or access child exploitation materials online.
• Professionals required to report suspected cases of child abuse and neglect.

Terms To Know

Mandated Reporter

A professional, like a teacher or doctor, who must report suspected cases of child abuse or neglect.

Digitally Altered Images

Photos or videos that have been changed using computer software to look different from the original.

Limits and Unknowns

• The bill does not specify how local agencies will be funded for enforcing these new laws.
• It is unclear what specific penalties will apply to those who break this law.

Official Summary Text

SB 1276, as introduced, Rubio.
Crimes: sexual exploitation of a child.
Under existing law, a person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under 18 years of age engaged in an act of sexual conduct, as defined. Existing law makes a violation of this section punishable as a misdemeanor or a felony, as specified.
This bill would additionally make a person guilty of a misdemeanor or a felony if the person downloads, streams, or accesses
through electronic or digital media the above-described sexual conduct, except as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of this act, existing law includes sexual exploitation, and defines sexual exploitation as, among other things, a person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual
conduct, except as specified.
This bill would broaden the above-described definition to include any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF