Iowa bill would criminalize AI-generated child sex abuse materials

DES MOINES — Iowa lawmakers are considering a slate of bills that aim to protect children in multiple ways, including requiring those convicted of “grooming” to register as sex offenders and criminalizing the creation and distribution of child sexual abuse materials generated by artificial intelligence.

In a House Judiciary Subcommittee hearing Thursday, lawmakers discussed how advancements in artificial intelligence could impact the prosecution of pornographic images of children produced by AI.

The Legislature last passed a bill that criminalized the modification of images of real children to make pornographic images. However, that bill did not address images created solely by AI.

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House File 81 brought forward by Rep. Helena Hayes, R-New Sharon, would target AI-generated images of child sexual abuse as obscenity to avoid constitutional infringements.

“The why behind the bill, why we need it, is simply because of the advancement of technology and how very real artificial intelligence is becoming, and what kind of threats that that poses to the very vulnerable in our communities, especially small children and minors,” Hayes said.

Hayes worked with Mahaska County Attorney Andrew Ritland on the bill, who said the legislation would put criminalization of AI-generated child sexual abuse images in Iowa ahead of the curve.

“That type or misuse of artificial intelligence creates real harm to children, even if they aren't involved in the production of material so that material can encourage individuals to commit acts of real child sexual abuse by consuming fake images,” Ritland said.

“This is trying to get ahead of the curve, that is inevitably going to come right? This is not a theoretical problem,” Ritland continued.

Ritland also noted that although AI generated image may not depict identifiable or real children, AI is trained to use materials already found on the internet to create images, including existing child sexual abuse materials.

The three-member committee advanced the bill, which now goes to the House Judiciary Committee.

Claire Wilson, representing Iowa Cable and Telecommunications Association, said the language in the proposed bill would punish internet service providers for the distribution of AI-generated images.

“We're concerned that, as written, this language does actually cover internet service providers, and makes them liable for this information, even though we are not the ones producing it or sending it, we are technically the ones distributing it,” Wilson said during the subcommittee meeting.

Wilson said he organization will be proposing an amendment that would protect internet service providers from civil liability.

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Rep. Megan Srinivas, D-Des Moines, said she would like to see a few more clarifications in the bill, including ensuring that the images being criminalized are realistic depictions.

“I don't want to get caught where we have people who are unintended to be on the sex offender list because they're not actually a public safety threat, like a 14-year-old just making a drawing,” Srinivas said.

The bill would not apply to any bona fide law enforcement or judicial activity, any material used for educational purposes in an accredited school or any public library or educational program.

Grooming

The three-member House Public Safety Subcommittee advanced a bill that would require those convicted of grooming to register as sex offenders.

The Legislature passed a bill last year that established grooming as a criminal offense, defining it as trying to “seduce, solicit, lure or entice, or attempt to seduce, solicit, lure or entice a child or a person believed to be a child to commit any unlawful sex act.”

House Study Bill 22, proposed by the Iowa Department of Public Safety, would require a person convicted of grooming to register as a Tier I sex offender. Grooming is a Class D felony in Iowa, punishable by up to five years in prison and a fine up to $10,245.

“We as a department feel that this is kind of the step before going hands-on with the child, and think that public safety and community safety could benefit from increased visibility of individuals convicted of this offense,” said Josie Wagler, representing the Department of Public Safety.

Another bill, proposed by the Iowa Department of Education, would change the definition of grooming and create a distinction between it and the definition of sexual assault to better align with the 2024 law.

Lisa Davis-Cook, representing the Iowa Association for Justice, said the group is concerned the bill is premature as prosecutors are still wrapping their heads around the grooming law and definition passed last year.

“We in no way think that grooming is a good thing, and don't want people doing it. Our concern is, is this really an offense that should rise to the level of the sex offender registry?” Davis-Cook said during the subcommittee meeting. “To put it on the registry right now, it might be a little premature until we get a better sense of what is being charged with this.”

Rep. Beth Wessel-Kroeschell, D-Ames, didn’t sign off on advancing the bill, noting she would like to hear from lawyers who litigate these cases on both sides.

“I’m a person who doesn’t like to do a lot with the sex offender registry unless we have a committee of people who work with it, on both ends, on all ends of it, those who are doing the convictions and those who are defending the accused,” Wessel-Kroeschell said.

Sex exploitation

In a related matter, lawmakers unanimously advanced Senate File 32 that would change how prosecutions are handled for those accused of knowingly purchasing or possessing child sexual abuse images.

Currently, purchasing or possessing images or videos are prosecuted and punished as separate offenses for each minor involved. Cases involving multiple images of the same minor are prosecuted and punished as one offense.

The proposed legislation would allow for cases involving multiple images of the same minor to be prosecuted as separate offenses for each image.

The bill, discussed in the Senate Judiciary Subcommittee on Wednesday, has been in the works for a long time.

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Sen. Cherielynn Westrich, R-Ottumwa, brought the legislation forward four years ago when she was in the Iowa House.

“I’m happy to see that we may actually get this across the finish line this time and protect our kids and have the right penalty added to that offense,” Westrich said during the subcommittee meeting.

Davis-Cook, from the Iowa Association for Justice, said the group supports prosecuting cases of child sexual abuse materials but are concerned an increase in cases would make it more difficult for law enforcement to determine who the most serious sex offenders are.

“We want law enforcement to be keeping track of the people who are predators out there,” Davis-Cook said. “I'm not saying that someone who does this isn't predatory, but we also want to make sure law enforcement is using their time on the worst of the worst when it comes to the sex offender registry.”

Comments: mmarchelhoff@qctimes.com