North Dakota lawmakers discuss adding computer-generated images to definition of child pornography

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Possessing a computer-generated image of child pornography would be punishable as a felony in North Dakota under a bill discussed Monday by state lawmakers.

This article was originally published by North Dakota Monitor.

Possessing a computer-generated image of child pornography would be punishable as a felony in North Dakota under a bill discussed Monday by state lawmakers.

House Bill 1386 adds images created by artificial intelligence to state law prohibiting the possession of child pornography. 

Deputy Attorney General Claire Ness strongly urged members of the House Judiciary Committee to advance the bill.

“Computer-generated images and artificial intelligence have opened a new world for the cruel individuals who make, possess, or trade (child sexual abuse materials),” Ness said.

The bill would make possessing computer-generated child pornography a Class C felony.

The bill also proposes enhanced penalties for more egregious cases of child pornography, such as possessing 20 or more images, repeat offenses or cases involving explicit images of an infant or toddler.

Ness said offenses involving child pornography have escalated in North Dakota. The state Bureau of Criminal Investigation received over 1,500 tips from the National Center for Missing & Exploited Children each of the past two years, and that only represents some of the cases investigators look into, she said. The state received 585 such tips in 2020.

“So it has tripled in the past four or five years,” Ness said. “Each of these tips may lead to a device with many images involving multiple victims.”

The bill also includes liability protection for internet service providers, cloud computing providers and other telecommunications service providers from content provided by a user. The Attorney General’s Office does not have a position on that portion of the bill, Ness said.

The committee took no immediate action Monday.

Members also held public hearings on House Bill 1320 and House Bill 1351 that focus on deepfake videos and images. Last week, lawmakers debated whether to include a mandatory disclaimer when artificial intelligence tools are used for political advertising or communications.

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