Amends title 18 of the United States Code to prohibit child pornography produced using artificial intelligence. Eliminates the affirmative defense in prosecutions involving AI-generated child pornography by removing certain clauses in Section 2252A(c). Expands the definition of sexually explicit conduct in Section 2256(2)(B) to include actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple. Ensures that if any provision of the Act is held unconstitutional, the remaining provisions continue to have effect.
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Protecting Our Children in an AI World Act of 2025
ETO AGORA · U.S. federal laws · 2025
Summary
Amends title 18 of the United States Code to prohibit child pornography produced using artificial intelligence.
Eliminates the affirmative defense in prosecutions involving AI-generated child pornography by removing certain clauses in Section 2252A(c).
Expands the definition of sexually explicit conduct in Section 2256(2)(B) to include actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple.
Ensures that if any provision of the Act is held unconstitutional, the remaining provisions continue to have effect.
Prohibits child pornography created using artificial intelligence by amending title 18, United States Code.
A BILL To amend title 18, United States Code, to prohibit child pornography produced using artificial intelligence.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Protecting Our Children in an AI World Act of 2025”.
Eliminates the affirmative defense for AI-generated child pornography under 18 U.S.C. § 2252A.
SEC. 2. Child pornography produced using artificial intelligence.
(a) Elimination of affirmative defense.—Section 2252A(c) of title 18, United States Code, is amended—
(1) in subsection (c)— (A) paragraph (1), by striking “; or” at the end; and (B) by striking paragraph (2); and
(2) in the matter following subsection (c), by striking “No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C).”.
Amends the definition of sexually explicit conduct to include simulated obscene exhibition of certain body parts.
(b) Definition of sexually explicit conduct.—Section 2256(2)(B) of title 18, United States Code, is amended—
(1) in clause (ii)(III), by striking “or” at the end;
(2) in clause (iii), by adding “or” at the end; and
(3) by adding at the end the following:
“(iv) actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple;”.
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(c) Severability.—If any provision of this Act, or any amendment made by this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or any amendment made thereby, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.