Existing law prohibits a person from committing certain acts regarding pornography involving minors. (NRS 200.700-200.760) In general, sections 1 and 2 of this bill expand these prohibitions to include pornography involving images of minors that have been altered through the use of artificial intelligence. Existing law provides that a person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony. (NRS 200.725) Section 1 expands this prohibition to include any item or material that contains or incorporates an image of a minor that has been altered through the use of artificial intelligence to depict the minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct. Existing law provides that a person who knowingly and willfully has in his or her possession any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in, simulating or assisting others to engage in or simulate, sexual conduct is guilty of: (1) a category B felony for the first offense; and (2) a category A felony for any subsequent offense. (NRS 200.730) Section 2 expands this prohibition to include any film, photograph or other visual representation that contains or incorporates an image of a minor that has been altered through the use of artificial intelligence to depict the minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct. Existing law requires a person convicted of a sexual offense to register as a sex offender and comply with certain other requirements. (NRS 179D.441, 179D.445, 179D.460) Existing law defines the term sexual offense for the purposes of these requirements to include any offense involving pornography and a minor. (NRS 179D.097) Because sections 1 and 2 expand the applicability of offenses involving pornography and a minor, sections 1 and 2 have the effect of requiring a person convicted of a violation of section 1 or 2 to: (1) register as a sex offender under certain circumstances; and (2) comply with certain other requirements applicable to sex offenders. Existing law provides that a person commits the crime of unlawful dissemination of an intimate image and is guilty of a category D felony when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person: (1) did not give prior consent to the electronic dissemination or sale; (2) had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and (3) was at least 18 years of age when the intimate image was created. Existing law also sets forth certain exceptions regarding when an intimate image may be lawfully electronically disseminated. (NRS 200.780) Section 3 of this bill revises the definition of “intimate image” for the purposes of this crime to include a photorealistic image of another person that has been altered through the use of artificial intelligence to depict the other person engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct.

Statutes affected:
As Introduced: 200.725, 200.730, 200.770
BDR: 200.725, 200.730, 200.770