Alabama’s new law criminalizes AI-generated sexual images of children

Montgomery, AL (WBMA) — On October 1, 2024, a new law to protect children from child abuse came into force. The Alabama Child Protection Act makes it a criminal offense to use artificial intelligence (AI) or other means to create sexual images of children.

The bill was unanimously passed by the Alabama Legislature during the 2024 legislative session. Sponsor Rep. Matthew Woods (R) of District 13 says an incident in Demopolis is the reason for the bill. A form of child pornography of several young girls was created using artificial intelligence.

In prosecuting an incident of this nature, Woods stated that there was a loophole for offenders. The AI-generated images combined innocent images of one victim and explicit features of another, usually unidentifiable, subject.

Under Alabama’s current child pornography law, this was considered a gray area for prosecutors.

“These violators, these people, have created images, some of which may be of a well-known person. “This may not have been someone who could be identified, so they used that as a defense,” Rep. Woods said. “Under this new law, it’s the depiction itself. If it meets the definition of child pornography, they will be charged as such.”

Under the law, the penalties for creating such deep fake images are the same as under the current child pornography law. Any person found guilty of sharing or displaying these images could face a Class B felony.

The law also gives victims’ families the opportunity to file civil lawsuits against perpetrators. Rep. Woods says this is intended to alleviate the financial burden this type of crime can place on the victim.

Under the law, school districts in Alabama are also required to develop policies regarding these illegal AI images. The guidelines must be incorporated into each school’s code of conduct by the 2024-2025 school year.