Artificial Intelligence
Our organization anticipates AI technological advances having profound implications for the criminal justice system - not only in the ways that crime is investigated and prosecuted, but also in the ways that crimes are defined and committed.
Recent A.I. bills
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H.B. 238 added artificially generated images to the child sexual abuse material statute, thereby removing the affirmative defense that no minor was actually depicted in the material. This bill is unconstitutional in light of the United States Supreme Courts decision in Free Speech Coalition v. Ashcroft. The sponsor anticipates constitutional challenges and believes the U.S. Supreme court, given its current makeup, will over rule the Ashcroft decision.
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S.B. 131 amended several crimes to include the use of A.I. in the commission of the offense as an aggravating factor.
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S.B. 149 clarified that an actor may be found guilty of an existing offense if the offense is committed with the aid of a generative artificial intelligence.