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WILKES-BARRE — Sen. Lisa Baker on Thursday said the average person has no difficulty recognizing the sexual exploitation of children — regardless of the form or means of distribution — as vile and thoroughly unacceptable.
“Yet the term ‘pornography’ has come to be entangled in arguments over free speech and artistic expression in the arena of adults,” Baker said. “While the definitional clarity provided in these bills might seem like a small matter, it makes a big difference toward the successful prosecution of the creators and distributors of this destructive and harmful material.”
Baker, R-Lehman Township, said a package of bills aimed at protecting children from sexual predators and the criminal use of generative artificial intelligence (AI) was approved by the Senate this week.
The first two bills — Senate Bill 186 and Senate Bill 187 — update Pennsylvania’s legal term “child pornography” with “child sexual abuse material,” more accurately reflecting the true nature of the crime.
The terminology change was the recommendation of the Joint State Government Commission Task Force on Child Pornography, a multi-disciplinary group of experts formed to identify inadequacies in laws relating to the prosecution of child sex abuse materials. The Task Force was created through Act 53 of 2021 advanced by Baker and the late Sen. Dave Arnold from Lebanon County.
The third bill — Senate Bill 1213 — addresses the uses of generative AI for criminal purposes, particularly in the context of revenge porn and child sexual abuse material.
“AI is a prime example of a powerful tool that, unfortunately, can be harnessed for nefarious purposes,” said Baker. “As technology continues to advance at a rapid pace, it is imperative that our legal frameworks evolve in tandem to ensure the safety and protection of all Pennsylvanians, particularly our most vulnerable population — children. We must remain vigilant and proactive in updating our laws to address the potential misuse of such technologies.”
State and local prosecutors across the commonwealth have encountered sexual predators using artificial intelligence to generate images of children being sexually abused. These materials, which are nearly indistinguishable from the real thing, are a growing problem for prosecutors and law enforcement because the current statute only prohibits images of actual children, not images that are artificially generated.
“There are gaps in the law when it comes to generative AI being used for illicit purposes like revenge porn and child sexual abuse material,” said Wyoming County District Attorney Joe Peters. “These gaps prevent our DAs from going after these bad actors and holding them responsible.”
Peters explained that in the context of revenge porn, the advent of AI infinitely expands the world of possible perpetrators.
“The group of people even capable of committing the crime of revenge porn was limited to those who had access to the intimate images in the first place — typically a scorned ex-lover who now seeks to damage their ex’s reputation by sharing those images with the world,” Peters said. “But with AI, that limitation is eviscerated; now, anyone with an axe to grind — whether it be against a celebrity, government official or co-worker — can cause the same substantial harm. It’s even more concerning now because deepfakes depict things that never actually happened in reality.”
Luzerne County District Attorney Sam Sanguedolce also offered his support for the bills passed this week.
“These important bills help law enforcement and prosecutors keep up with the technology feeding the demand for sexual images of children,” Sanguedolce said. “Thanks to Sen. Baker, the late Sen. Arnold, and the Task Force on Child Pornography, we are one step closer to seeking the appropriate punishment for these images regardless of whether we can track down and prove the image is an identified child. The damage of this crime goes far beyond victimization of the child in the images, but rather in the images fueling desire for more similar, illegal abusive material.”
The bills are part of the Senate Republican effort to improve community safety across Pennsylvania and will now move to the House of Representatives for consideration.
Reach Bill O’Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.