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.
(a)(1)(A)–(B) 1 ELIMINATION OF AFFIRMATIVE DEFENSE.—Section 2252A(c) of title 18, United States Code, is amended— (1) on subsection (c)— (A) paragraph (1), by striking ''; or'' at the end; and (B) by striking paragraph (2);
(a)(2) 1 in the matter following subsection (c), by striking ''No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C).''.
This subsection amends 18 U.S.C. § 2252A(c) to eliminate the affirmative defense that previously allowed defendants charged with child pornography offenses to argue that the material was not produced using a real minor or was not presented in a manner conveying the impression that it depicted a real minor. By striking paragraph (2) and the related limitation on the defense, the bill closes a gap that could allow AI-generated child sexual abuse material — which by definition does not depict an actual minor — to escape prosecution under existing federal law. This is a defense-elimination provision that strengthens existing criminal prohibitions rather than creating new affirmative compliance obligations for AI developers or deployers.
(b)(1)–(3) 2 DEFINITION OF SEXUALLY EXPLICIT CONDUCTSexually explicit conductAs amended, 18 U.S.C. § 2256(2)(B) includes: "(iv) actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple;"18 U.S.C. § 2256(2)(B).—Section 2256(2)(B) of title 18, United States Code, is amended— (1) in clause (ii)(III), by striking ''or'' at the end; (2) on clause (iii), by adding ''or'' at the end; and (3) by adding at the end the following: ''(iv) actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple;''.
This subsection expands the definition of sexually explicit conduct under 18 U.S.C. § 2256(2)(B) by adding a new clause (iv) covering actual or simulated obscene exhibition of the clothed or unclothed genitals, pubic area, buttocks, or female nipple. The expansion broadens the scope of material that can be prosecuted as child pornography, including AI-generated content that depicts clothed minors in sexually suggestive poses. This definitional change supports the bill's overall purpose of ensuring AI-generated CSAM is subject to prosecution even when no actual minor is depicted and even when the depiction does not involve nudity.
(c) SEVERABILITY.—If any provision of this Act, or any amendment made by this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or any amendment made thereby, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.
Standard severability clause providing that if any provision of the Act or its application to any person or circumstance is held unconstitutional, the remainder of the Act and its application to other persons and circumstances are not affected. This anticipates potential First Amendment challenges to the expanded definition of sexually explicit conduct.