Virginia 2024 SB 731

Amends Virginia law to prohibit the production and involvement of minors in pornographic AI-generated content, classifying such actions as child pornography. Establishes mandatory prison sentences based on the age difference and repeat offenses, with substantial penalties for violations.

  • Authority: Virginia
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-03-28

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Exposure to toxic content
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Compromise of privacy
  • AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 3-4 subdomains, with strong focus on toxic content exposure (1.2), fraud and manipulation by malicious actors (4.3), and privacy compromise (2.1). The legislation specifically addresses AI-generated child sexual abuse material (CSAM), which represents a critical intersection of toxic content creation and malicious use of AI systems.

Sector coverage

All other sectors had no coverage in this document.

Sectors Summary

This criminal statute does not govern specific economic sectors but rather prohibits certain criminal conduct (production of AI-generated child pornography) that could occur across any sector. It is a general criminal law applicable to all persons regardless of industry or sector.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute that amends Virginia criminal law with mandatory enforcement mechanisms, specific criminal penalties including mandatory minimum prison sentences, and clear legal obligations.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: General Assembly of Virginia; Virginia Criminal Sentencing Commission
  • Summary: The document is enacted by the General Assembly of Virginia, which is the state legislative body. The Virginia Criminal Sentencing Commission is referenced as having a role in fiscal impact assessment.

Target

  • Entity Types: Affected_Stakeholder
  • Summary: The law targets any person who produces, makes, finances, or participates in the creation of child pornography, including AI-generated content. While no specific organizations are named, the targets are individuals who engage in these prohibited activities.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Virginia state correctional facilities; Department of Juvenile Justice
  • Summary: The enforcement is carried out through Virginia's criminal justice system, including courts for prosecution and state correctional facilities for imprisonment. The Department of Juvenile Justice is mentioned for juvenile offenders.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Virginia Criminal Sentencing Commission
  • Summary: The Virginia Criminal Sentencing Commission is explicitly tasked with monitoring fiscal impacts and assigning minimum fiscal impact assessments for the legislation.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Build and Use Model

AI Lifecycle Summary

The document does not explicitly address specific AI lifecycle stages but implicitly covers the Build and Use Model stage through its prohibition of AI-generated child pornography production. The focus is on the output and use of AI systems rather than their development process.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document does not explicitly define or mention AI models, AI systems, or any specific AI technical categories. However, it implicitly addresses AI-generated content through the provision allowing for prosecution when 'the minor depicted does not have to actually exist,' which encompasses AI-generated imagery.

https://legacylis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB731
https://agora.eto.tech/instrument/1536
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Document data from AGORA, CSET Emerging Technology Observatory.