WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) As used in this section, the following terms mean: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)(1)" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting; (2) "Mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(1)(2)", the same as defined in section 632.005. The term "mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(1)(2)" shall also include any person licensed in a profession regulated under chapter 337.
(2) 1 Any person or entity that develops or deploys artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)(1) in the state shall not advertise or represent to the public that the AI is or is able to act as a mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(1)(2) or is capable of providing therapy services, psychotherapy services, or a mental health diagnosis.
(3) Any violation of this section shall be considered an unlawful practice under the Missouri merchandising practices act under this chapter.
(4) The attorney general shall enforce the provisions of this section. Any individual may report violations of this section to the attorney general. If the attorney general finds that a violation occurred, the attorney general shall commence a civil action in a court of competent jurisdiction. If the court finds that a violation occurred, the court may grant damages, civil penalties, injunctive relief, attorney's fees, and any such other relief the court finds appropriate. Notwithstanding section 407.100 to the contrary, civil penalties shall be as follows: (1) Ten thousand dollars for the first violation; or (2) Twenty thousand dollars for any subsequent violation.
This section creates a new consumer protection prohibition targeting AI developers and deployers in Missouri. It bars any person or entity from advertising or representing to the public that an AI system is, or is able to act as, a mental health professional, or that it is capable of providing therapy, psychotherapy, or mental health diagnosis. The prohibition applies broadly to any AI developer or deployer operating in the state.
Violations are treated as unlawful practices under the Missouri Merchandising Practices Act. Enforcement rests exclusively with the attorney general, who may bring civil actions yielding damages, civil penalties ($10,000 first violation, $20,000 subsequent), injunctive relief, and attorney's fees. Individuals may report violations to the attorney general but do not have an independent private right of action under this section.
(1) As used in this section, the following terms mean: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)(1)", an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments; (2) "Explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2)", any pictorial or three-dimensional materialMaterial"Material", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depiction, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;§ 573.010(9) depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2)" shall not include works of art or of anthropological significance.
(2) 2 No person or entity shall: (1) Replicate or alter through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)(1) an image or voice of an individual to generate explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2); or (2) Use the likeness of an individual through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)(1) for explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2) unless the person or entity has the individual's express written consent.
(3) Any individual injured by a person or entity for a violation of subsection 2 of this section may bring a cause of action against the person or entity to recover actual damages as a result of the violation. Such individual shall also be entitled to recover attorney's fees and costs.
This section creates a new civil cause of action for individuals whose image, voice, or likeness is replicated or altered through artificial intelligence to generate explicit sexual material without their express written consent. The prohibition covers two distinct acts: replicating or altering an individual's image or voice via AI to generate explicit sexual material, and using an individual's likeness through AI for explicit sexual material.
The section provides a private right of action with recovery of actual damages, attorney's fees, and costs. Express written consent from the depicted individual is the sole affirmative defense.
(2) "Artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2)", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;
(5)(b) 3 Any visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2), including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where: a. The production of such visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2) involves the use of a minor engaging in sexually explicit conduct; b. Such visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2) is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct; or c. Such visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2) has been created, adapted, or modified to show that an identifiable minor is engaging in sexually explicit conduct. "Identifiable minor" means a person who was a minor at the time the visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2) was created, adapted, or modified; or whose image as a minor was used in creating, adapting, or modifying the visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2); and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. The term identifiable minor shall not be construed to require proof of the actual identity of the identifiable minor;
(9) "MaterialMaterial"Material", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depiction, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;§ 573.010(9)", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2), or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. MaterialMaterial"Material", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depiction, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;§ 573.010(9) includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;
This section amends Missouri's existing obscenity and child pornography definitional statute to incorporate AI-generated content. The key amendment adds the term artificially generated visual depiction — defined to include depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement. The definition of child pornography is expanded to explicitly cover artificially generated visual depictions alongside traditional visual depictions throughout all three prongs of the existing test. The definition of material is similarly broadened to include artificially generated visual depictions.
These are purely definitional amendments that extend existing criminal prohibitions in Chapter 573 to AI-generated content. No new affirmative compliance obligation is created; rather, existing criminal conduct categories now unambiguously encompass AI-generated equivalents.
(1)–(2) A person commits the offense of providing explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2) to a student if such person is affiliated with a public or private elementary or secondary school in an official capacity and, knowing of its content and character, such person provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2) to a student or possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2) to a student. The offense of providing explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2) to a student is a class A misdemeanor.
(3)(1) "Explicit sexual materialExplicit sexual material"Explicit sexual material", any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals. The term "explicit sexual material" shall not include works of art or of anthropological significance.§ 537.039(1)(2)", any pictorial, three-dimensional, or visual depiction or artificially generated visual depictionArtificially generated visual depiction"Artificially generated visual depiction", includes depictions that are obscene and indistinguishable from a real minor, morphed from a real minor's image, or generated without any actual minor involvement;§ 573.010(2), including any photography, film, video, picture, or computer-generated image, showing human masturbation, deviate sexual intercourse as defined in section 566.010, sexual intercourse, direct physical stimulation of genitals, sadomasochistic abuse, or emphasizing the depiction of postpubertal human genitals; provided, however, that works of art, when taken as a whole, that have serious artistic significance, or works of anthropological significance, or materialsMaterial"Material", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depiction, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;§ 573.010(9) used in science courses, including but not limited to materialsMaterial"Material", anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any artificially generated visual depiction, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects;§ 573.010(9) used in biology, anatomy, physiology, and sexual education classes shall not be deemed to be within the foregoing definition;
This section amends the existing criminal offense of providing explicit sexual material to a student in a school context. The only AI-relevant change is the addition of artificially generated visual depiction to the definition of explicit sexual material, ensuring the criminal prohibition covers AI-generated content provided to students by school-affiliated persons.
No new affirmative compliance obligation is created for AI developers or deployers. The amendment extends an existing criminal prohibition to cover AI-generated variants of already-prohibited material.