The legislature passed a bill in 2024 that criminalised the modification of images of real children to make them pornographic. However, that bill did not address wholly generated AI materials, or images created solely using AI. — Photo by nacer eddine on Unsplash
Iowa lawmakers are considering a slate of bills that aim to protect children in multiple ways, including requiring those convicted of grooming to register as sex offenders and criminalising the creation and distribution of artificially-generated child sexual abuse materials.
In a House Judiciary Subcommittee hearing Thursday, committee members discussed how advancements in artificial intelligence (AI) could impact how the state criminalises pornographic images of children produced using it.
The legislature passed a bill in 2024 that criminalised the modification of images of real children to make them pornographic. However, that bill did not address wholly generated AI materials, or images created solely using AI.
House File 81 brought by Rep. Helena Hayes, R-New Sharon, would target AI-generated images of child sexual abuse as obscenity to avoid Constitutional infringements.
“The why behind the bill, why we need it is simply because of the advancement of technology and how very real artificial intelligence is becoming, and what kind of threats that that poses to the very vulnerable in our communities, especially small children and minors,” Hayes said.
AI bill hearing
Lawmakers on the Iowa House Judiciary Subcommittee listen as Mahaska County Attorney Andrew Ritland testifies for a bill criminalising the creation of artificially generated child sexual abuse materials on Thursday, Jan 23, 2025.
Hayes worked with Mahaska County Attorney Andrew Ritland on the bill, who said the legislation would put criminalisation of AI-generated child sexual abuse images in Iowa ahead of the curve.
“That type or misuse of artificial intelligence creates real harm to children, even if they aren't involved in the production of material so that material can encourage individuals to commit acts of real child sexual abuse by consuming fake images,” Ritland said.
“This is trying to get ahead of the curve, that is inevitably going to come right? This is not a theoretical problem,” Ritland continued.
Ritland also noted that although AI-generated image may not depict identifiable or real children, AI is trained to use materials already found on the Internet to create images, including existing child sexual abuse materials.
Claire Wilson representing Iowa Cable and Telecommunications Association expressed concern that the current language of the proposed bill would punish Internet service providers for the distribution of these AI generated images.
“We're concerned that, as written, this language does actually cover Internet service providers, and makes them liable for this information, even though we are not the ones producing it or sending it, we are technically the ones distributing it,” Wilson said during the subcommittee meeting.
Wilson added they are proposing an amendment that would carve out Internet service providers from civil liability.
Rep. Megan Srinivas, D-Des Moines, noted that she would like to see a few more clarifications in the bill, including ensuring that the images being criminalised are realistic depictions.
“I don't want to get caught where we have people who are unintended to be on the sex offender list because they're not actually a public safety threat, like a 14-year-old just making a drawing,” Srinivas said.
The bill would not apply to any bona fide law enforcement, judicial activity, any material used for educational purposes in any accredited school or any public library or any educational program.
The three-member committee advanced the bill, which will go on to the House Judiciary Committee.
Grooming
A three-member House Public Safety Subcommittee advanced a bill that would require those convicted of grooming to register as sex offenders.
The Legislature passed a bill in 2024 that established grooming as a criminal offense, defining it as trying to “seduce, solicit, lure or entice, or attempt to seduce, solicit, lure or entice a child or a person believed to be a child to commit any unlawful sex act.”
Proposed by the Iowa Department of Public Safety, House Study Bill 22 would require a person convicted of grooming to register as a Tier I sex offender. Grooming is already a Class D felony in Iowa, which is punishable by confinement for no more than five years and fine between US$1,025 (RM4,504) and US$10,245 (RM45,000).
“We as a department feel that this is kind of the step before going hands-on with the child, and think that public safety and community safety could benefit from increased visibility of individuals convicted of this offense,” said Josie Wagler, representing the Iowa Department of Public Safety.
Another bill proposed this session by the Iowa Department of Education would change the definition of grooming and create a distinction between it and the definition of sexual assault to better align with the 2024 law.
Lisa Davis-Cook, representing the Iowa Association for Justice, said the group is concerned the bill is premature as prosecutors are still wrapping their heads around the grooming law and definition passed last year.
“We in no way think that grooming is a good thing, and don't want people doing it, our concern is, is this really an offense that should rise to the level of the sex offender registry?” Davis-Cook said during the subcommittee meeting. “To put it on the registry right now, it might be a little premature until we get a better sense of what is being charged with this.”
Rep. Beth Wessel-Kroeschell, D-Ames, didn’t sign off on advancing the bill, noting she would like more voices of people who litigate these cases on both sides to be involved in the process.
“I’m a person who doesn’t like to do a lot with the sex offender registry unless we have a committee of people who work with it, on both ends, on all ends of it, those who are doing the convictions and those who are defending the accused,” Wessel-Kroeschell said during the subcommittee.
Child sexual exploitation prosecutions
Lawmakers unanimously advanced legislation that would change how prosecutions are handled for knowingly purchasing or possessing child sexual abuse images.
Currently, purchasing or possessing images or videos are prosecuted and punished as separate offenses for each minor involved. Cases involving multiple images of the same minor are prosecuted and punished as one offense.
The proposed legislation would allow for cases involving multiple images of the same minor to be prosecuted as separate offenses for each image.
Senate File 32 discussed by the Senate Judiciary Subcommittee Wednesday has been in the works for a long time. Sen. Cherielynn Westrich, R-Ottumwa, brought the legislation four years ago when she served in the Iowa House and says she’s glad to see that it may finally have a chance of passing.
“I’m happy to see that we may actually get this across the finish line this time and protect our kids and have the right penalty added to that offense,” Westrich said during the subcommittee meeting.
Davis-Cook, with the Iowa Association for Justice, said the group supports prosecuting cases of child sexual abuse materials but are concerned an increase in cases would make it more difficult for law enforcement to determine who the most serious sex offenders are.
“We want law enforcement to be keeping track of the people who are predators out there,” Davis-Cook said. “I'm not saying that someone who does this isn't predatory, but we also want to make sure law enforcement is using their time on the worst of the worst when it comes to the sex offender registry.” – Quad City Times/Tribune News Service
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