Bill
HB 1386
HB 1386 bans possession of AI-generated or CG images depicting minor sexual conduct; possession is a felony with enhanced penalties for aggravated cases.
Status & Procedure
- Introduced: November 18, 2024.
- Committee activity: Judiciary Committee (amendments adopted).
- Legislative outcome (per provided record): Passed both chambers (House and Senate versions and amendments reflected in committee reports and engrossments); advanced toward enrollment.
- Bill purpose: create criminal prohibitions and penalties for possession of visual depictions (including AI/computer‑generated images) that depict sexual conduct by persons under 18.
Main purpose and intent
- HB 1386 updates North Dakota criminal law to explicitly cover computer‑generated images (including those produced with artificial intelligence) that depict sexual conduct by minors, making possession a felony and establishing enhanced penalties for aggravating circumstances. The aim is to criminalize and deter possession of sexual visual material that portrays minors, whether the image is of an actual child or is computer‑generated to appear to be a minor.
Key definitions (notable)
- "Computer‑generated image": any image/visual representation created using artificial intelligence or other computer programs.
- "Minor": an individual under 18, and also a computer‑generated image created, adapted, altered, or modified to appear to depict an individual under 18 by face, likeness, or other distinguishing characteristics.
- "Sexual conduct": broadly defined to include actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, lewd exhibition of genitals/breasts/buttocks, nude or partially denuded figures intended for sexual stimulation, and physical contact with genitals/breasts.
Key criminal provisions & penalties
- Possession: Knowing possession of any motion picture, computer‑generated image, photograph, or other visual representation that includes sexual conduct by a minor is a class C felony.
- Enhanced penalties — class B felony where the offense involves any of the following:
- Twenty or more images;
- Sadistic/masochistic conduct or other depictions of violence;
- Sexual bestiality;
- A prepubescent minor or a minor under 12 years of age;
- A prior conviction subject to sex‑offender/registration laws.
- Class A felony: applies where the offense involved sexual abuse or visual representation of an infant or toddler (present in some engrossed versions).
- Provider immunity: The statute expressly does not impose liability on interactive computer service providers or specified internet/communication service providers for content provided by another person (references 47 U.S.C. §230 and 47 U.S.C. §153 definitions).
Who is affected
- Individuals who possess visual material depicting sexual conduct by persons under 18 — including creators or consumers of AI‑generated imagery that appears to depict minors.
- Law enforcement, prosecutors, and courts (investigation, charging, and prosecution of possession cases).
- Digital platforms and service providers (explicit immunity preserved for service providers acting as intermediaries).
- Creators and researchers using AI tools (potential compliance and risk considerations where images could be construed to depict minors).
Potential impacts and considerations
- Enforcement challenges: distinguishing real images from computer‑generated content and proving knowledge of content’s character may be technically and legally complex.
- Scope: The definitions are broad (covering simulated conduct and images created to appear to depict minors), which could implicate purely synthetic content as well as manipulated real images.
- Civil‑liberty & practical considerations: potential debates about overbreadth, how to handle artistic expression, and investigatory burden on law enforcement. The provider immunity clause limits liability for platforms for third‑party content.
- Sentencing specifics and collateral consequences (e.g., registration) depend on companion statutes and existing felony sentencing frameworks.
Effective timeline
- The bill text and legislative timeline provided show enactment activity during the 2025 session (passage and enrollment steps). Check the official North Dakota legislative status portal or enrolled act for final effective date and any governor action.
Compiled from official sources — confirm details with the bill’s official record.
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