Law / United States / 
California
AI-Generated and Digitally Altered Child Sexual Abuse Material Offenses (AB 1831 and SB 1381)
In force since .
An AI prohibited practices rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not knowingly possess or control matter that incorporates digitally altered or artificial-intelligence-generated matter, knowing that the matter is obscene and depicts what appears to be a person under 18 years of age engaging in or simulating sexual conduct (Penal Code Section 311.11(a)(2)).
- Do not knowingly possess or control matter that incorporates digitally altered or artificial-intelligence-generated matter, the production of which involves the use of a person under 18 years of age, knowing that it depicts a person under 18 years of age engaging in or simulating sexual conduct; the matter need not be obscene, and the paragraph does not apply to drawings, figurines or statues (Section 311.11(a)(1) and (d)).
- Do not, in California, possess, prepare, publish, produce, develop, duplicate or print digitally altered or artificial-intelligence-generated matter with intent to distribute or exhibit it, and do not distribute or exhibit obscene matter, knowing that it depicts a person under 18 years of age or contains digitally altered or artificial-intelligence-generated data depicting what appears to be a person under 18 years of age engaging in or simulating sexual conduct (Section 311.1(a)).
- Do not distribute or exhibit obscene matter depicting a person under 18 years of age, or an AI-generated or digitally altered depiction of what appears to be one, for commercial consideration, and do not possess such matter with intent to distribute it for commercial consideration (Section 311.2(b)); do not distribute or exhibit it to, or exchange it with, a person under 18 years of age (Section 311.2(d)).
- The prohibitions in Sections 311.1 and 311.2 do not apply to the activities of law enforcement and prosecuting agencies in investigating and prosecuting criminal offenses, to legitimate medical, scientific or educational activities, or to lawful conduct between spouses (Sections 311.1(b) and 311.2(e)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 311.11(a) is punishable by state prison, county jail for up to one year, a fine of up to $2,500, or both; Section 311.1(a) by county jail for up to one year and a fine of up to $1,000, or both, or by state prison and a fine of up to $10,000, or both; Section 311.2(b) by two, three or six years in state prison, a fine of up to $100,000, or both.
Penalty structure
The highest fine is $100,000 under Section 311.2(b) for distribution for commercial consideration; Section 311.1(a) carries a fine of up to $10,000 and Section 311.11(a) a fine of up to $2,500, each with or without imprisonment.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 100,000
What it makes you log
Logging duty
Sections 311.1, 311.2 and 311.11 define offenses and state no duty to keep a log or record.
- Kind
- None
- As of
What this law does
AB 1831 was chaptered on as Chapter 926 of the Statutes of 2024. AB 1831 amended Sections 311, 311.2, 311.11 and 311.12 of the Penal Code. SB 1381 was chaptered on as Chapter 929 of the Statutes of 2024. SB 1381 amended Sections 311.1, 311.3, 311.4 and 312.3 of the Penal Code. Section 311.11 as amended by AB 1831 took effect on per the code's own history note.
Section 311.1 as amended by SB 1381 took effect on per the code's own history note. Section 311.2 was most recently amended by SB 857 (Chapter 241, Statutes of 2025), effective per the code's own history note.
Section 311.11(a)(1) makes it a felony to knowingly possess or control matter that incorporates digitally altered or artificial-intelligence-generated matter, the production of which involves the use of a person under 18 years of age, knowing that it depicts a person under 18 years of age personally engaging in or simulating sexual conduct.
Section 311.11(a)(2) makes it a felony to knowingly possess or control matter that incorporates digitally altered or artificial-intelligence-generated matter, knowing that the matter is obscene and depicts what appears to be a person under 18 years of age engaging in or simulating sexual conduct. A violation of Section 311.11(a) is punishable by imprisonment in the state prison, or in a county jail for up to one year, or by a fine not exceeding $2,500, or by both a fine and imprisonment.
The prosecution need not prove that the matter is obscene to establish a violation of Section 311.11(a)(1), and that paragraph does not apply to drawings, figurines or statues.
Section 311.1(a) punishes a person who, in this state, possesses, prepares, publishes, produces, develops, duplicates or prints digitally altered or artificial-intelligence-generated matter with intent to distribute or exhibit it, or who distributes or exhibits obscene matter, knowing that it depicts a person under 18 years of age or contains digitally altered or artificial-intelligence-generated data depicting what appears to be a person under 18 years of age engaging in or simulating sexual conduct.
A violation of Section 311.1(a) is punishable by a county jail term of up to one year and a fine of up to $1,000, or both, or by state prison and a fine of up to $10,000, or both. Section 311.1 does not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses, to legitimate medical, scientific or educational activities, or to lawful conduct between spouses.
Section 311.2(b) makes it a felony to distribute or exhibit obscene matter for commercial consideration, or to possess digitally altered or artificial-intelligence-generated matter with intent to distribute it for commercial consideration, knowing that the matter depicts a person under 18 years of age or contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age engaging in sexual conduct, punishable by two, three or six years in state prison, a fine of up to $100,000, or both.
Section 311.2(d)(1) makes it a felony to distribute or exhibit obscene matter that contains a digitally altered or artificial-intelligence-generated depiction of what appears to be a person under 18 years of age to, or to exchange it with, a person under 18 years of age.
Section 311.2(a) to (d) does not apply to the activities of law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses, to legitimate medical, scientific or educational activities, or to lawful conduct between spouses.
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