AB126 - Revises provisions relating to pornography involving minors. (BDR 15-195)

A.B. 126 - *AB126* ASSEMBLY BILL NO. 126–ASSEMBLYMEMBER HARDY PREFILED JANUARY 28, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to pornography involving minors. (BDR 15-195) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal justice; expanding certain prohibitions relating to pornography involving minors; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a person from committing certain acts regarding 1 pornography involving minors. (NRS 200.700-200.760) In general, sections 2 and 2 3 of this bill expand these prohibitions to include pornography involving: (1) 3 images of minors that have been manipulated using artificial intelligence; and (2) 4 artificial intelligence-generated minors. Section 1 of this bill defines the term 5 “artificial intelligence-generated minor” for purposes of these prohibitions and 6 certain other provisions of existing law relating to pornography involving minors to 7 mean a fictional human that: (1) is generated through the use of artificial 8 intelligence; and (2) has anatomical or physical features that make the fictional 9 human appear to be a minor. Section 1 also defines certain other terms for the same 10 purpose. 11 Existing law provides that a person who knowingly prepares, advertises or 12 distributes any item or material that depicts a minor engaging in or simulating, or 13 assisting others to engage in or simulate, sexual conduct is guilty of a category B 14 felony. (NRS 200.725) Section 2 expands this prohibition to include any item or 15 material that contains or incorporates: (1) an image of a minor that has been 16 mechanically or digitally altered to depict the minor engaging in or simulating, or 17 assisting others to engage in or simulate, sexual conduct; or (2) an obscene 18 depiction of an artificial intelligence-generated minor engaging in or simulating, or 19 assisting others to engage in or simulate, certain sexual conduct. 20 Existing law provides that a person who knowingly and willfully has in his or 21 her possession any film, photograph or other visual representation depicting a 22 person under the age of 16 years as the subject of a sexual portrayal or engaging in, 23 simulating, or assisting others to engage in or simulate, sexual conduct is guilty of: 24 (1) a category B felony for the first offense; and (2) a category A felony for any 25 – 2 – - *AB126* subsequent offense. (NRS 200.730) Section 3 expands this prohibition to include 26 any film, photograph or other visual presentation that contains or incorporates: (1) 27 an image of a minor that has been mechanically or digitally altered to depict the 28 minor engaging in or simulating, or assisting others to engage in or simulate, sexual 29 conduct; or (2) an obscene depiction of an artificial intelligence-generated minor as 30 the subject of a sexual portrayal or engaging in or simulating, or assisting others to 31 engage in or simulate, sexual conduct. Section 15 of this bill makes conforming 32 changes to refer to provisions that have been renumbered by section 3. 33 Existing law requires a person convicted of a sexual offense to register as a sex 34 offender and comply with certain other requirements. (NRS 179D.441, 179D.445, 35 179D.460) Existing law defines the term sexual offense for the purposes of these 36 requirements to include any offense involving pornography and a minor. (NRS 37 179D.097) Because sections 2 and 3 expand the applicability of offenses involving 38 pornography and a minor, section 21 has the effect of requiring a person convicted 39 of a violation of section 2 or 3 to: (1) register as a sex offender under certain 40 circumstances; and (2) comply with certain other requirements applicable to sex 41 offenders. Sections 4-14 and 16-25 of this bill make conforming changes to certain 42 provisions that refer to offenses involving pornography and a minor to make such 43 provisions also refer to certain offenses involving pornography and an artificial- 44 intelligence generated minor. 45 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 200.700 is hereby amended to read as follows: 1 200.700 As used in NRS 200.700 to 200.760, inclusive, unless 2 the context otherwise requires: 3 1. “Artificial intelligence-generated minor” means a fictional 4 human that: 5 (a) Is generated through the use of artificial intelligence; and 6 (b) Has anatomical or physical features that make the fictional 7 human appear to be a minor. 8 2. “Community” means the area from which a jury is or 9 would be selected for the court in which the action is tried. 10 3. “Obscene” means any item or material which: 11 (a) An average person applying contemporary adult 12 community standards would find, taken as a whole, appeals to 13 prurient interest; and 14 (b) Taken as a whole, lacks serious literary, artistic, political 15 or scientific value. 16 4. “Performance” means any play, film, photograph, computer- 17 generated image, electronic representation, dance or other visual 18 presentation. 19 [2.] 5. “Promote” means to produce, direct, procure, 20 manufacture, sell, give, lend, publish, distribute, exhibit, advertise or 21 possess for the purpose of distribution. 22 [3.] 6. “Sexual conduct” means sexual intercourse, lewd 23 exhibition of the genitals, fellatio, cunnilingus, bestiality, anal 24 – 3 – - *AB126* intercourse, excretion, sado-masochistic abuse, masturbation, or the 1 penetration of any part of a person’s body or of any object 2 manipulated or inserted by a person into the genital or anal opening 3 of the body of another. 4 [4.] 7. “Sexual portrayal” means the depiction of a person in a 5 manner which appeals to the prurient interest in sex and which does 6 not have serious literary, artistic, political or scientific value. 7 Sec. 2. NRS 200.725 is hereby amended to read as follows: 8 200.725 1. A person [who] shall not knowingly [prepares, 9 advertises] prepare, advertise or [distributes] distribute any item or 10 material that [depicts] : 11 (a) Depicts a minor engaging in, or simulating, or assisting 12 others to engage in or simulate, sexual conduct ; or 13 (b) Contains or incorporates, in any manner, an: 14 (1) Image of a minor that has been mechanically or 15 digitally altered, including, without limitation, through the use of 16 artificial intelligence, to depict the minor engaging in or 17 simulating, or assisting others to engage in or simulate, sexual 18 conduct; or 19 (2) Obscene depiction of an artificial intelligence-generated 20 minor engaging in or simulating, or assisting others to engage in 21 or simulate, sexual conduct. 22 2. A person who violates any provision of subsection 1 is 23 guilty of a category B felony and shall be punished by imprisonment 24 in the state prison for a minimum term of not less than 1 year and a 25 maximum term of not more than 15 years, or by a fine of not more 26 than $15,000, or by both fine and imprisonment. 27 Sec. 3. NRS 200.730 is hereby amended to read as follows: 28 200.730 1. A person [who] shall not knowingly and willfully 29 [has] have in his or her possession for any purpose any film, 30 photograph or other visual presentation [depicting] that: 31 (a) Depicts a person under the age of 16 years as the subject of a 32 sexual portrayal or engaging in or simulating, or assisting others to 33 engage in or simulate, sexual conduct [: 34 1.] ; or 35 (b) Contains or incorporates, in any manner, an: 36 (1) Image of a minor that has been mechanically or 37 digitally altered, including, without limitation, through the use of 38 artificial intelligence, to depict the minor as the subject of a sexual 39 portrayal or engaging in or simulating, or assisting others to 40 engage in or simulate, sexual conduct; or 41 (2) Obscene depiction of an artificial intelligence-generated 42 minor as the subject of a sexual portrayal or engaging in or 43 simulating, or assisting others to engage in or simulate, sexual 44 conduct. 45 – 4 – - *AB126* 2. A person who violates any provision of subsection 1: 1 (a) For the first offense, is guilty of a category B felony and 2 shall be punished by imprisonment in the state prison for a 3 minimum term of not less than 1 year and a maximum term of not 4 more than 6 years, and may be further punished by a fine of not 5 more than $5,000. 6 [2.] (b) For any subsequent offense, is guilty of a category A 7 felony and shall be punished by imprisonment in the state prison for 8 a minimum term of not less than 1 year and a maximum term of life 9 with the possibility of parole, and may be further punished by a fine 10 of not more than $5,000. 11 Sec. 4. NRS 202.876 is hereby amended to read as follows: 12 202.876 “Violent or sexual offense” means any act that, if 13 prosecuted in this State, would constitute any of the following 14 offenses: 15 1. Murder or voluntary manslaughter pursuant to NRS 200.010 16 to 200.260, inclusive. 17 2. Mayhem pursuant to NRS 200.280. 18 3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 19 4. Sexual assault pursuant to NRS 200.366. 20 5. Robbery pursuant to NRS 200.380. 21 6. Administering poison or another noxious or destructive 22 substance or liquid with intent to cause death pursuant to 23 NRS 200.390. 24 7. Battery with intent to commit a crime pursuant to 25 NRS 200.400. 26 8. Administering a drug or controlled substance to another 27 person with the intent to enable or assist the commission of a felony 28 or crime of violence pursuant to NRS 200.405 or 200.408. 29 9. False imprisonment pursuant to NRS 200.460 if the false 30 imprisonment involves the use or threatened use of force or violence 31 against the victim or the use or threatened use of a firearm or a 32 deadly weapon. 33 10. Assault with a deadly weapon pursuant to NRS 200.471. 34 11. Battery which is committed with the use of a deadly 35 weapon or which results in substantial bodily harm as described in 36 NRS 200.481 or battery which is committed by strangulation as 37 described in NRS 200.481 or 200.485. 38 12. An offense involving pornography and a minor or an 39 artificial intelligence-generated minor pursuant to NRS 200.710 or 40 200.720. 41 13. Open or gross lewdness pursuant to NRS 201.210. 42 14. Lewdness with a child pursuant to NRS 201.230. 43 – 5 – - *AB126* 15. An offense involving pandering or sex trafficking in 1 violation of NRS 201.300, prostitution in violation of NRS 201.320 2 or advancing prostitution in violation of NRS 201.395. 3 16. Coercion pursuant to NRS 207.190, if the coercion 4 involves the use or threatened use of force or violence against the 5 victim or the use or threatened use of a firearm or a deadly weapon. 6 17. An attempt, conspiracy or solicitation to commit an offense 7 listed in this section. 8 Sec. 5. NRS 50.700 is hereby amended to read as follows: 9 50.700 1. In any criminal or juvenile delinquency action 10 relating to the commission of a sexual offense, a court may not order 11 the victim of or a witness to the sexual offense to take or submit to a 12 psychological or psychiatric examination. 13 2. The court may exclude the testimony of a licensed 14 psychologist, psychiatrist or clinical social worker who performed a 15 psychological or psychiatric examination on the victim or witness if: 16 (a) There is a prima facie showing of a compelling need for an 17 additional psychological or psychiatric examination of the victim or 18 witness by a licensed psychologist, psychiatrist or clinical social 19 worker; and 20 (b) The victim or witness refuses to submit to an additional 21 psychological or psychiatric examination by a licensed psychologist, 22 psychiatrist or clinical social worker. 23 3. In determining whether there is a prima facie showing of a 24 compelling need for an additional psychological or psychiatric 25 examination of the victim or witness pursuant to subsection 2, the 26 court must consider whether: 27 (a) There is a reasonable basis for believing that the mental or 28 emotional state of the victim or witness may have affected his or her 29 ability to perceive and relate events relevant to the criminal 30 prosecution; and 31 (b) Any corroboration of the offense exists beyond the 32 testimony of the victim or witness. 33 4. If the court determines there is a prima facie showing of a 34 compelling need for an additional psychological or psychiatric 35 examination of the victim or witness, the court shall issue a factual 36 finding that details with particularity the reasons why an additional 37 psychological or psychiatric examination of the victim or witness is 38 warranted. 39 5. If the court issues a factual finding pursuant to subsection 4 40 and the victim or witness consents to an additional psychological or 41 psychiatric examination, the court shall set the parameters for the 42 examination consistent with the purpose of determining the ability 43 of the victim or witness to perceive and relate events relevant to the 44 criminal prosecution. 45 – 6 – - *AB126* 6. As used in this section, “sexual offense” includes, without 1 limitation: 2 (a) An offense that is found to be sexually motivated pursuant to 3 NRS 175.547 or 207.193; 4 (b) Sexual assault pursuant to NRS 200.366; 5 (c) Statutory sexual seduction pursuant to NRS 200.368; 6 (d) Battery with intent to commit sexual assault pursuant to 7 NRS 200.400; 8 (e) Abuse of a child pursuant to NRS 200.508, if the abuse 9 involved sexual abuse or sexual exploitation; 10 (f) An offense involving pornography and a minor or an 11 artificial intelligence-generated minor pursuant to NRS 200.710 to 12 200.730, inclusive; 13 (g) Fertility fraud pursuant to paragraph (a) of subsection 1 of 14 NRS 200.975; 15 (h) Incest pursuant to NRS 201.180; 16 (i) Open or gross lewdness pursuant to NRS 201.210; 17 (j) Indecent or obscene exposure pursuant to NRS 201.220; 18 (k) Lewdness with a child pursuant to NRS 201.230; 19 (l) Pandering or sex traffickin [Text truncated for display. Full text available on LegiScan.]