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AB-1873 Crimes: sexual exploitation of a child.(2023-2024)

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Date Published: 01/22/2024 09:00 PM
AB1873:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1873

Introduced by Assembly Member Sanchez

January 22, 2024

An act to amend Section 311.3 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1873, as introduced, Sanchez. Crimes: sexual exploitation of a child.
Under existing law, a person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under 18 years of age engaged in an act of sexual conduct, as defined. Existing law makes a violation of this section punishable as a misdemeanor or a felony, as specified.
This bill would additionally make a person guilty of a misdemeanor or a felony if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, generated using artificial intelligence, that depicts a person under the age of 18 years engaged in an act of sexual conduct, as specified. By expanding the scope of a 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 311.3 of the Penal Code is amended to read:

311.3.
 (a) (1) A person is guilty of sexual exploitation of a child if he or she the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under the age of 18 years engaged in an act of sexual conduct.
(2) A person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, generated using artificial intelligence that depicts a person under the age of 18 years engaged in an act of sexual conduct.
(b) As used in this section, “sexual conduct” means any of the following: the following definitions apply:
(1) “Artificial intelligence” means a machine-based system that can, from a given set of human-defined objectives, make a virtual output.
(2) “Sexual conduct” means any of the following:

(1)

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.

(2)

(B) Penetration of the vagina or rectum by any object.

(3)

(C) Masturbation for the purpose of sexual stimulation of the viewer.

(4)

(D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(5)

(E) Exhibition of the genitals or the pubic or rectal area of any person for the purpose of sexual stimulation of the viewer.

(6)

(F) Defecation or urination for the purpose of sexual stimulation of the viewer.
(c) Subdivision (a) does not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities, or to lawful conduct between spouses.
(d) Every person who violates subdivision (a) shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If the person has been previously convicted of a violation of subdivision (a) or any section of this chapter, he or she they shall be punished by imprisonment in the state prison.
(e) The provisions of this section do not apply to an employee of a commercial film developer who is acting within the scope of his or her their employment and in accordance with the instructions of his or her their employer, provided that the employee has no financial interest in the commercial developer by which he or she is they are employed.
(f) Subdivision (a) does not apply to matter that is unsolicited and is received without knowledge or consent through a facility, system, or network over which the person or entity has no control.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.