Illinois House Bill 4623 (HB 4623)

1. Overview

Illinois enacted House Bill 4623, enacted into law on August 9, 2024, as concerns about AI-generated explicit content featuring minors mounted. This bill amends the Illinois Vehicle Code and the Illinois Criminal Code to include the production and distribution of overt images of children created with artificial intelligence. The legislation expands current statutory protections to these new digital forms of exploitation by clearly stating that overt content created with AI is included in the definition of child pornography.

2. Scope of the Law

HB 4623 broadens the definition of “child pornography” to include images of actual children under the age of eighteen who are made to seemingly participate in sexual acts by means of manipulation or editing. Representations created by AI that falsely depict a minor in explicit contexts fall into this category. The creation, possession, and distribution of such content become illegal, consistent with existing child exploitation laws.

3. Major clauses

• Forfeiture: Any proceeds or income derived from the offense and any property that facilitated the offense can be forfeited to individuals convicted under this section.
• Ineligibility for Employment: Offenses can render a person ineligible for occupations involving care or supervision of children, including school bus driver’s licenses.
• Increased Penalties: Convictions can lead to mandatory minimums, such as imprisonment and sex offender registration.
• Criminalisation: The manufacture, possession, or distribution of detailed images of a child generated by artificial intelligence is banned under Illinois law.

4. Fines & Enforcement

Offenses under HB 4623 are Class 4 felonies punishable by:

• Imprisonment: Up to 3 years’ imprisonment.
• Fines: Up to $25,000.

5.  Implications for Law Enforcement

The legislation allows police and other investigation bodies to examine and press charges over cases of children’s explicit AI-generated content.  For parents and educators: Educating people and making them aware of the dangers of AI-generated content will protect children from being exploited. For Technology Companies: Technology companies that are creating AI technologies need to take measures to avoid producing and sharing explicit content with children.

6. Future Outlook

As AI technology improves, HB 4623 can be used as an example for other states debating legislation to keep children from being abused using synthetic media. Rebalancing the protection of children and the protection of technological advances is likely to be the focal point for additional debate and potential amendments.