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CRIMES AGAINST CHILDREN – Amends and adds to existing law to provide for the crime of visual representations of the sexual abuse of children and to revise provisions regarding the Internet Crimes Against Children Unit.
In one paragraph
Idaho's H 465 (2024) targets AI-generated child sexual abuse material. New section 18-1507C makes it a felony, punishable by up to five years and a $5,000 fine, to knowingly produce, distribute, receive, possess or access an obscene visual depiction of a child in explicit sexual conduct, 'including a video or image created using generative AI or machine learning', and the child depicted need not actually exist. Receiving or possessing five or fewer such images is excused if they were promptly destroyed or reported to police. The act also expands sexual exploitation of a child (18-1507) to material altered to show an identifiable child. Effective July 1, 2024.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Generating or holding AI-made sexual images of children is a felony in Idaho even when no real child was involved.
Key provisions
- Idaho Code 18-1507C(1)-(2): felony (up to 5 years, up to $5,000) to knowingly produce, distribute, receive, possess or access a visual depiction, including one created using generative AI or machine learning, that depicts a child in explicit sexual conduct and is obscene
- 18-1507C(3): it is not an element of the crime that the child depicted actually exists
- 18-1507C(6): defines 'generative AI' as any algorithm or model that creates content such as text, images, audio or video, and 'machine learning'; visual depiction includes images created by generative AI or machine learning
- Affirmative defense for receiving or possessing five or fewer depictions that were promptly destroyed or reported to law enforcement; good-faith immunity for law enforcement
- 18-1507 amended: sexually exploitative material includes visual material created, adapted or modified to appear that an identifiable child is engaged in explicit sexual conduct
- Emergency clause: in full force and effect on and after July 1, 2024
Latest legislative action
Mar 25, 2024. Signed by Governor on March 25, 2024; Session Law Chapter 194
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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error