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SB 741

Criminal Offenses - As enacted, creates a criminal offense of possessing, distributing, or producing technology, software, or digital tools designed for the purpose of creating material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive; establishes relevant factors to be considered in determining whether artificial technology, software, or digital tools are used or possessed with intent to create material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Ken Yager

Tennessee criminalizes tools designed to generate AI child sexual abuse material, effective July 2025, targeting technology infrastructure rather than just explicit content.

Pub. Ch. 257
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Bill Summary · SB 741

Legislative bill overview

SB 741 criminalizes the possession, distribution, and production of technology, software, or digital tools specifically designed to create child sexual abuse material (CSAM), including AI-generated or simulated depictions. The law establishes legal standards for determining when such tools are possessed or used with criminal intent, targeting both the creation and distribution infrastructure rather than just the material itself.

Why is this important

This bill addresses an emerging technology gap where AI and digital tools can generate realistic CSAM without photographing actual children, yet existing laws primarily targeted material involving real victims. The legislation aims to prevent technological facilitation of child exploitation while the law takes effect July 1, 2025, making it applicable across Tennessee's criminal justice system.

Potential points of contention

  • First Amendment concerns: Critics may argue that criminalizing possession of certain software tools (rather than only the material produced) could capture legitimate security research, academic study, or dual-use technology, raising free speech questions
  • Definitional clarity: The phrase "patently offensive" and the factors used to determine criminal intent may be subject to interpretation disputes, potentially creating prosecution inconsistencies
  • Technology companies' liability: The bill's scope regarding software/tool creators and distributors could impact legitimate businesses developing general-purpose AI, encryption, or image generation tools if prosecutors interpret the law broadly

Compiled from official sources — confirm details with the bill’s official record.

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