Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor.
Existing law also prohibits the employment or use of a minor, or the permitting by a parent or guardian of the employment or use of a minor for the production of such matter. Existing law authorizes the forfeiture and destruction of such matter regardless of whether a conviction is sought or obtained.
This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
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.
This bill would become operative only if AB 1831 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025.

Statutes affected:
SB1381: 311.1 PEN, 311.3 PEN, 311.4 PEN, 312.3 PEN
02/16/24 - Introduced: 640.6 PEN
03/20/24 - Amended Senate: 13899 PEN, 13899 PEN, 640.6 PEN
07/01/24 - Amended Assembly: 7599.2 GOV, 7599.2 GOV, 11352 HSC, 11352 HSC, 487 PEN, 487 PEN, 13899 PEN
08/27/24 - Amended Assembly: 311.1 PEN, 311.1 PEN, 311.3 PEN, 311.3 PEN, 311.4 PEN, 311.4 PEN, 312.3 PEN, 312.3 PEN, 7599.2 GOV, 11352 HSC, 487 PEN
09/06/24 - Enrolled: 311.1 PEN, 311.3 PEN, 311.4 PEN, 312.3 PEN
09/29/24 - Chaptered: 311.1 PEN, 311.3 PEN, 311.4 PEN, 312.3 PEN
SB 1381: 640.6 PEN