OLYMPIA – A bill banning Child Sexual Abuse Material (CSAM) generated by artificial intelligence (AI) and strengthening child sexual exploitation laws passed the Senate unanimously Wednesday.
Senate Bill 5105, sponsored by Sen. Tina Orwall (D-Des Moines), would remove the requirement that minors be identifiable for the purposes of criminal liability related to sexually explicit depictions of minors. Currently, a person may be charged with a range of criminal offenses for viewing, possessing, or sending sexually explicit depictions of a minor but only if the depicted minor is identifiable.
“Artificial intelligence’s ability to instantly generate lifelike digital images has caused an exponential increase sexually explicit images depicting minors,” Orwall said. “Not only can these images motivate predators to commit more direct acts of violence, but the sheer volume of images and our inability to discern photographs from AI-generated images undermines our ability to protect children and prosecute criminals. We have a duty to keep Washington’s children safe from those who would harm them in the most intimate, destructive way.”
According to the Internet Watch Foundation, AI is being used to create increasingly lifelike, explicit, and accessible child sexual abuse materials, flooding both dark-web and clear-web sites with CSAM. Their trained analysts report the most convincing AI-generated images were “indistinguishable” from real CSAM.
“Protecting our children from exploitation is one of our most urgent responsibilities,” said Rep. Mari Leavitt (D-University Place), who sponsored the House version of the bill. “With the rise of AI-generated child sexual abuse material, we must act swiftly to close loopholes that allow predators to evade accountability. This bill ensures that all forms of child exploitation—whether AI-generated or not—are treated with the seriousness they deserve. I’m proud to support this legislation to strengthen protections for children and hold offenders accountable.”
If enacted, the legislation would also increase the statute of limitations for offenses involving depictions of a minor engaged in sexually explicit conduct from three to 10 years for offenses related to dealing in, sending or bringing into the state, possessing, and viewing depictions of a minor engaged in sexually explicit conduct. Additionally, the crime of sexual exploitation of a minor would be expanded to include instances where a person knowingly causes an unconscious or unaware minor to be photographed or part of a performance depicting the minor engaged in sexually explicit conduct.
Follow the bill’s progress here.