(The Center Square) – The Nevada Senate Committee on Finance heard a bill that seeks to strengthen the state’s child pornography laws.
Senate Bill 263 outlaws people owning or distributing computer-generated child pornography images.
The bill defines “computer-generated child pornography” as a child who has been “created, adapted or modified” by computer technology or artificial intelligence to depict a child in a sexual way.
In addition, SB 263 says this term includes anyone over 18 years old who is modified by computer technology or AI to look like a child and then is depicted in a sexual manner.
At Wednesday’s hearing, SB 263’s sponsor, Senate Majority Leader Nicole Cannizzaro, D-Las Vegas, said Nevada is experiencing an increase in child pornography images “that are AI-generated or AI-altered.”
SB 263 states any person who allegedly prepares, distributes or advertises child pornography or computer-generated child pornography images faces a category B felony charge. If found guilty as a first-time offender, an individual faces between one to 15 years in prison. Also, the person may receive a fine up to $15,000.
On any subsequent offense, a person could face between 10 years and life in prison without the possibility of parole. The potential fine amount would remain the same.
Additionally, this bill upgrades the potential penalties if someone is accused of having a film, photograph or other visual presentation that presents a minor less than 16 years old in a sexual manner. This also includes AI-generated films, photographs or other visual presentations.
A first-time offender who is found guilty of this category B felony may receive a prison sentence between one and six years. Furthermore, a person may get a fine up to $5,000.
An individual may get between five years and life in prison without the possibility of parole on any subsequent offenses.
If passed, the bill would cost the state almost $2 million over the fiscal years 2025-2026 and 2026-2027, according to a Nevada Department of Corrections estimate in a fiscal note on the legislation.
The department said the extra cost would come from additional inmates and admission tasks.
To address this concern, Cannizzaro proposed an amendment that would lower the fiscal costs to around $400,000 over those fiscal years.
She said the proposed amendment would preserve a court’s ability to administer fines as “alternatives to incarcerations for first offenses.”
Moreover, she said this amendment “retains the minimum term of one year for offenses” outlined in state law NRS 200.725. This law deals with Nevada’s sentencing guidelines related to child pornography.
Due to this amendment allowing courts to issue lower minimum sentences or fines, she said this will lower the fiscal note.
The committee did not take any action on this proposed amendment during the hearing.
