To amend sections 2907.321, 2907.322, and 2907.323 of the Revised Code to prohibit use of an artificially generated depiction of a minor for obscene purposes.
HB786 would amend Ohio’s obscenity and child-exploitation statutes to expressly cover “artificially generated depictions of a minor,” defined as a visual depiction of an actual person created or edited by artificial intelligence or other computer-generated means that a reasonable person would believe depicts an identifiable actual person. The bill adds that concept to three existing criminal statutes: pandering obscenity involving a minor or impaired person, pandering sexually oriented matter involving a minor or impaired person, and illegal use of a minor or impaired person in a nudity-oriented material or performance.
Under the bill, conduct already prohibited when it involves a real minor or an impaired person would also be prohibited when it involves an AI-generated or computer-generated depiction of a minor. The bill covers creating, reproducing, publishing, selling, distributing, possessing, transporting, advertising, or presenting obscene material or sexually oriented matter; creating or producing obscene performances; and photographing or using a minor in nudity-oriented material. It also preserves existing exceptions for bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purposes, and it keeps the rule that mistake of age is not a defense. The bill also updates felony penalties so that offenses involving an artificially generated depiction of a minor are punished similarly to offenses involving an actual minor.
HB786 would expand Ohio Revised Code sections 2907.321, 2907.322, and 2907.323 by making AI-generated or otherwise computer-generated depictions of minors subject to the same criminal prohibitions and most of the same felony penalties as real minors in obscenity, sexually oriented material, and nudity-oriented material offenses. It would therefore broaden the reach of Ohio’s child-exploitation and obscenity laws to cover synthetic media that appears to depict an identifiable minor, while leaving intact existing exceptions for legitimate professional, educational, and governmental uses.
The bill appears to have a protective, enforcement-oriented purpose, with its stated aim being to close a perceived loophole created by artificial intelligence and other digital tools. Because the bill was only introduced and had no recorded committee testimony or votes in the provided materials, there is no documented floor or committee sentiment to measure. Based on the text alone, the measure is framed as a public-safety and child-protection bill rather than a controversial policy expansion.
The main point of potential contention is the bill’s extension of criminal liability to “artificially generated depictions” that a reasonable person would believe depict an identifiable actual person. That language could raise questions about how prosecutors and courts would determine what qualifies as an AI-generated depiction, how closely it must resemble a real person, and whether the standard could sweep in expressive or artistic works. Another possible issue is the breadth of the bill’s incorporation of synthetic media into existing obscenity and child-sexual-material statutes, though the bill does preserve exceptions for bona fide professional and educational uses.