AI prohibited practices
Sexual Exploitation of Children Act, morphed and computer-generated image provisions
N.M. Stat. Ann. § 30-6A-3(F), (G)enrolled act text, New Mexico Legislature, House Bill 65 (2016), which restated Section 30-6A-3, including subsections F and G
In force. Binds public and private bodies.
What this law does
The Sexual Exploitation of Children Act defines a visual or print medium to include a computer diskette, videotape, videodisc, or any computer or electronically generated imagery (Section 30-6A-2(B)), so the Act's coverage is not limited to a photograph of a real event.
Section 30-6A-3(F) makes it unlawful to intentionally manufacture an obscene visual or print medium depicting a prohibited sexual act if the person knows or has reason to know that a real child under eighteen, who is not a participant, is depicted as a participant in that act, a fourth degree felony. Section 30-6A-3(G) makes distributing such a medium a third degree felony.
Neither subsection requires that any child actually engaged in the depicted conduct; both reach a medium, including one that is computer or electronically generated, that depicts an identifiable real child as if they were a participant in a prohibited sexual act when they were not, which covers an artificial-intelligence-generated or artificial-intelligence-altered image or video inserting or morphing a real child's likeness into sexually explicit content.
House Bill 65 of 2016 restated Section 30-6A-3, including subsections (F) and (G), and declares an emergency, taking effect on the day of the Governor's signature. The annotations to the New Mexico Compilation Commission's compilation record the 2016 amendment of this section as effective . The same annotations record that the 2007 amendment, effective , added Subsections E and F and relettered former Subsection E as Subsection G.
What it requires