AI prohibited practices
S.B. 163, AI-Generated Child Sexual Abuse Material and Nonconsensual Replica Prohibitions
Ohio Rev. Code §§ 2907.321 2907.322, 2907.323, and 2913.49, as proposed to be amended by S.B. 163, 136th General Assembly (2025-2026 Session)bill text as passed by the Ohio Senate, Ohio Legislature (not yet enacted)
Proposed: draft date not recorded. Before the second chamber, dated 27 May 2026, as of 12 September 2026. Binds public and private bodies.
What this law does
This measure has passed the Ohio Senate but not the House, and binds nobody yet; what follows is what it would prohibit if enacted in its Senate-passed form. Ohio's child-exploitation statutes currently reach only material showing an actual minor.
As passed by the Senate, §§ 2907.321 to .323 would be amended to add a computer-generated or artificially generated depiction of a minor, and to add a "depiction of a purported minor," defined as a visual representation that appears to depict an actual minor that a reasonable person would believe depicts or represents an actual minor, but that may or may not actually depict a real child; this would reach material generated entirely by artificial intelligence with no real child involved at all, without changing the existing felony-degree structure for these offenses.
Separately, § 2913.49 (Ohio's identity-fraud statute) would be amended to add a "replica of a person's persona," a modified or fabricated version of an individual's voice, photograph, image, likeness, or distinctive appearance created or presented so that it appears to be the individual's authentic persona, including one produced in whole or in part by a generative AI system; new prohibitions would bar creating or using such a replica, without the depicted person's consent, to induce a financial decision or extend credit, to damage a person's or entity's reputation, or, where the depicted person is not a minor or impaired person, to depict them in nudity, sexual activity, or other obscene material.
The bill does not extend a civil action of its own to the new financial-inducement or reputational-harm replica prohibitions: the existing civil action for persons injured by a criminal act (R.C. 2307.60) remains available only for a violation of the identity-theft provisions in divisions (B), (D), or (E) of the amended section, which already reach a replica used with intent to defraud, and the new civil action added by this measure (R.C. 2307.66) reaches only the nonconsensual sexual or nude replica prohibition. The provider or developer of the underlying AI technology is excluded unless it is itself the violator.
What it requires