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Enacted laws

Criminal / Child Safety · HB 4623

Sexual Explicit Digital Image Act

Sexual Explicit Digital Image Act — AI-Generated CSAM Prohibition

In force
Public Act
PA 103-0806
Effective
August 9, 2024
Enforced by
State's Attorney (criminal); private right of action (civil, adult deepfakes)
Verified

Extends Illinois child-pornography law to cover AI-generated imagery of children and prohibits the nonconsensual dissemination of AI-generated sexual images of adults.

This is the one statute on the map that applies to everyone, and the one with the gravest exposure. It removes any argument that AI-generated child sexual-abuse material sits outside child-pornography law: it does not. For a generative-AI operator, that reframes safety filtering from a trust-and-safety nicety into felony-avoidance. The adult-deepfake provisions add a civil track, still being tested in early case law, for nonconsensual synthetic sexual imagery.

Because the criminal exposure attaches regardless of intent to build such features, the operative compliance posture is preventive: input and output guardrails, staff training, and a documented preservation-and-reporting procedure for when the guardrails are tested.

What it requires

  • AI-generated sexual imagery of minors is prosecutable as child pornography.
  • Nonconsensual dissemination of AI-generated sexual images of adults is prohibited and carries a civil right of action.
  • Operators of generative tools are expected to prevent the generation of such material.

Who is covered

Everyone. This is a universal criminal floor — it applies regardless of industry, size, or use case — with specific operational weight for anyone who builds or operates image-generation tools.

What the exposure is

Class 1 / Class 4 felony + civil action

AI-generated child sexual-abuse material is a Class 1 or Class 4 felony depending on severity. Nonconsensual AI sexual deepfakes of adults carry a private civil right of action, including emotional-distress damages. This is the highest-exposure statute in the Illinois AI portfolio.

Key dates

  • August 9, 2024 Signed as PA 103-0806 — effective immediately

If this applies to you

  • Implement filters that prevent any AI tool from generating sexual imagery of minors (criminal exposure — Class 1 / Class 4 felony).
  • Train staff on recognition and reporting of AI-generated CSAM.
  • Configure customer-facing AI products with abuse-detection guardrails on input and output.
  • Document an incident-response procedure for AI-CSAM discovery, preservation, and law-enforcement reporting.

Related

Primary sources 2

  1. Bill status HB 4623 — Bill Status & Full Action History Illinois General Assembly · ilga.gov · retrieved
  2. Public Act Public Act 103-0806 — Full Text (PDF) Illinois General Assembly · ilga.gov · retrieved

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