United States of America: Adopted Sexual Explicit Digital Image Act (HB 4623) including measures to combat child pornography

On 26 May 2024, the Sexual Explicit Digital Image Act (HB 4623) was adopted by the Illinois Senate. The Act aims to combat child exploitation through the obscene depiction of a child and amends the definition of "child pornography" also to include images that were manipulated, created or modified in a way to simulate sexual activity. In particular, a person commits an offence if they create, distribute, or possess visual depictions of a child under 18 or an individual with a severe or profound intellectual disability engaged in sexual acts or lewd behaviour, including simulations of such acts. The Act is, in particular, also applicable to Artificial Intelligence (AI)-generated images of child pornography. In addition, the Act prohibits reproducing, disseminating, exhibiting, or possessing such material with the intent to distribute, knowing its nature and content. Penalties vary based on the nature of the depiction, resulting in fines ranging from USD 2'000 to USD 100'000. Enhanced penalties apply if the child is under 13. Furthermore, materials and equipment used to create such depictions are subject to seizure and forfeiture. All sexually explicit evidence depicting victims or witnesses must be sealed by the court and can only be unsealed under specific circumstances.