Proposed House Bill 1364 adds AI-generated explicit content to Oklahoma's intimate images law

A state lawmaker has proposed a bill that would include images created by artificial intelligence (AI) to Oklahoma's intimate images law.  

The Push for Legislation 

Jennifer Newman is with the National Center for Missing and Exploited Children. She says, because the use of AI is growing, laws need to keep up.

"There's a lot of movement now to try and get that through both on the state side and on the federal side, so there are actual statutes that are violated, and we can turn to and say, 'okay, you violated this law, this was illegal', that sort of thing," she said. T

The bill's author, Representative Toni Hasenbeck (R), says generated images can be just as hurtful as people sharing the real thing when it comes to intimate images, and Newman agrees. 

"They can't follow it around, they can't say 'Oh, that didn't really happen. That wasn't me. That wasn't me. That wasn't me.' They know that photo is going to be online, and people are going to say that's a nude picture of her. It's her face, it looks like her, it's just a nude body," Newman said. 

What is Oklahoma House Bill 1364?

Revenge pornography or the nonconsensual distribution of pornography with the intent to harass or humiliate the subject became a misdemeanor in 2016.

The bill, proposed by Representative Hasenbeck expands with nonconsensual pornography to include sexual content generated by AI. 

What does law enforcement think about Oklahoma HB 1364?

Law enforcement says AI and how it can be used to alter images and videos of people is a growing concern. Detective Matt Gray with the Tulsa County Sheriff's Office sees artificial intelligence being used every day when it comes to the child exploitation cases he investigates.

“What we’re seeing is the individuals are taking the face-off children that they find online, they’re cropping it and then putting it on an artificial intelligence body, that's a sexually explicit image of a child that they created, and it looks extremely real,” he said.

Detective Gray believes the legislation will be a positive step forward.

“It’s a blessing... we have to stay one step ahead, we’d love to be 20 steps ahead, but being one step ahead, and that goes from working the streets, to now computer crimes, computer sex crimes, staying one step ahead is all we can ask for and this change is helping us," he said.

When is the next legislative session for Oklahoma GB 1364?

The upcoming legislative session begins February 3rd. View the full bill below.