HB 102: Protecting kids from deepfakes and exploitative images.

This act creates criminal offenses related to the use of artificial intelligence (AI) and amends provisions related to criminal and civil liability associated with AI. This act provides that the developer of an AI system is not liable for damages arising from the use of the AI system when another person uses the system with the intent to commit crimes or to cause harm. This immunity does not apply when the AI system was developed with the knowledge or intent that the system would be used for illegal or illicit activities. This act provides that the use of an AI system by a person to commit a crime is not a defense to a criminal charge, and nothing in the Wyoming Criminal Code is to be construed to prohibit the application of the Code against activity that an AI system facilitates. This act creates the offense of unlawful distribution of nonconsensual synthetic sexual material, which a person commits when the person knowingly distributes or makes available synthetic sexual material that realistically depicts another identifiable person without that person's knowledge or consent. A person also commits this offense if the person promotes synthetic sexual material on a website or digital platform or intentionally threatens to distribute synthetic sexual material without consent and in order to obtain a benefit in return for not disclosing or in connection with the threatened disclosure. This offense specifies a felony penalty and a separate penalty for second or subsequent offenses. This act creates the offense of unlawful development or distribution of an AI system for child pornography, which a person commits if the person knowingly develops or distributes an AI system specifically designed to create or distribute child pornography or develops the AI system with the intent that others will use the system for child pornography. The act specifies a felony penalty for this offense. This act creates the offense of unlawful development or distribution of an AI system intended to promote self-harm, which a person commits if the person knowingly develops or distributes an AI system specifically designed to promote self-harm or develops the system with the intent that others will use the system to promote self-harm. The act specifies a felony penalty for this offense. This act provides definitions associated with synthetic sexual material and AI systems. This act amends the offense of sexual exploitation of children to provide that a person is guilty of that offense for using an AI system to generate or create child pornography or for possessing child pornography that the person knows was generated by an AI system.