INDIANAPOLIS — Some Indiana lawmakers say an update to the state’s child pornography law is needed to include AI-generated images.
The state’s statute on child pornography defines the word “image” to include computer-generated images, but never specifically mentions AI by name. The issue was brought up several times during an interim study committee meeting this week as law enforcement struggles to figure out how exactly to deal with these kinds of cases.
”I’ve only been retired five years, and it’s not something I ever had to deal with,” said Doug Kouns, a former FBI agent.
According to Kouns, Indiana investigators and prosecutors need clarification when it comes to AI-generated pornographic images of children.
”I think it’s a new and very grey area right now,” Kouns said.
Beth White with the Indiana Coalition to End Sexual Assault and Human Trafficking said a clarification to the law would help minimize and neutralize potential serial predators by ensuring more convictions.
“It is often that there are multiple, multiple victims, and so, of course, having convictions in court are a very, very good and specific way to save and protect other children,” White said.
State Rep. Bob Morris said getting AI-generated pornographic images off of servers across the board is a top concern.
”These servers that have these images on them… the Center for Exploited Children notifies them, and they’re not being taken down, possibly our Attorney General getting involved as well, you know against these companies that are housing these sexually explicit images,” State Rep. Morris said.
State Sen. Scott Baldwin said legislators could revisit Indiana’s criminal code to make that clarification.
”I’m not sure it’s clearly defined, and there’s probably an opportunity for us to more clearly specify that it’s not a defense that the image generated or used or sold was generated by AI,” State Sen. Baldwin said at Wednesday’s Interim Study Committee on Commerce and Economic Development meeting.
Kouns said if you receive any kind of pornographic image on your computer, document it, report to law enforcement immediately, then delete it. Even if the image is AI-generated, you could still be in violation of the law for possessing it.