SB109 Summary

• Defines "child sexual abuse material" as any visual depiction of an individual under 18 years of age engaged in sexually explicit conduct, including virtually indistinguishable digital depictions.

• Raises the age threshold from 17 to 18 years for various offenses involving child sexual abuse material, including dissemination, possession, production, and parental permitting of such material.

• Creates civil liability for individuals who commit crimes involving child sexual abuse material or distribution of private images, allowing victims to recover actual damages, court costs, attorney fees, and up to $25,000 per image in punitive damages if wantonness or malice is proven.

• Requires each local school board to develop written policies by the 2024-2025 school year addressing distribution of private images and child sexual abuse material, including prohibition of artificially-generated explicit images.

• Becomes effective October 1, 2024, and repeals the prior commercial exploitation statute.