Committee hears bill to criminalize nonconsensual explicit AI‑generated media; agencies note fiscal unknowns

Senator Laura Smith introduced Senate Bill 413 as a narrowly focused measure to criminalize the disclosure of certain nonconsensual explicit AI‑generated images and videos. "I bring you SB 413, which criminalizes the disclosure of certain explicit AI generated media," she said, describing the bill as targeting “nonconsensual explicit” imagery and deep fakes.

The committee heard informational testimony from the Department of Justice and the Department of Corrections on enforcement and corrections impacts, and Cohen Mercer from the Office of Public Defender discussed the fiscal note. Mercer told the committee the Office of Public Defender does not currently track these specific offenses because they are new and that any estimate would be speculative; his office provided per‑case cost estimates (about $1,000 for misdemeanors and $5,000 for felonies) but emphasized there is no historical baseline.

Senators pressed on whether other states’ experience could be used to estimate caseload, and the sponsor said she adapted the idea from National Conference of State Legislatures materials and said she consulted county attorneys on appropriate sentencing. Committee members noted the fiscal note listed zero fiscal impact in some lines and asked staff why the fiscal note was unpopulated; staff said they requested a fiscal note after the bill came off the floor and agencies reported uncertainty about expected caseloads.

Sponsor Laura Smith closed by reiterating the bill was intended to address a harm she described as “grotesque” and nonconsensual, and she emphasized the first offense is a misdemeanor. The committee requested that agencies track cases if the bill advances so the interim budget committee can monitor real numbers and costs.