CA SB 1276
California SB 1276 (Crimes: Sexual Exploitation of a Child; Digitally Altered and AI-Generated Material)
Amends California's sexual-exploitation-of-a-child offence (Penal Code Section 311.3) so that it covers digitally altered or artificial-intelligence-generated matter depicting a person under 18 engaged in sexual conduct, and adds knowingly downloading, streaming or accessing such matter through electronic or digital media to the prohibited conduct. It makes the same extension to the definition of sexual exploitation that triggers mandated reporting under the Child Abuse and Neglect Reporting Act (Section 11165.1).
Jurisdiction
California
Enacted
Sep 10, 2026
Effective
Jan 1, 2027
Enforcement
District attorneys and the Attorney General (criminal prosecution); child protective and law enforcement agencies receiving mandated reports
Approved by the Governor and chaptered by the Secretary of State on September 10, 2026 as Chapter 192, Statutes of 2026. Passed the Assembly 78-0 on August 25, 2026; the Senate concurred in the Assembly amendments 39-0 on August 28, 2026; enrolled and presented to the Governor on September 4, 2026. No urgency clause: takes effect January 1, 2027.
California Legislative Information: SB 1276 chaptered text (Chapter 192, Statutes of 2026)Why It Matters
Closes a gap in California criminal law by making the sexual-exploitation-of-a-child offence and the mandated-reporter definition expressly reach digitally altered and AI-generated depictions, and by criminalising streaming or accessing such matter, not only producing or exchanging it. It sits alongside the AI-generated child sexual abuse material statutes adopted by Florida, Idaho, Kansas, South Carolina and Iowa.
Recent Developments
Signed September 10, 2026 as Chapter 192, Statutes of 2026, in the same signing round as thirteen child online safety bills. The bill follows AB 1831 (Chapter 926, Statutes of 2024), which first addressed artificial-intelligence-generated child sexual abuse material in California's child pornography statutes; SB 1276 carries that treatment into Section 311.3 and into the mandated-reporting definition.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Any person (criminal offence)
- Mandated reporters under the Child Abuse and Neglect Reporting Act
Safety Provisions
- Penal Code Section 311.3(a): knowingly developing, duplicating, printing, downloading, streaming, accessing through electronic or digital media, or exchanging matter, including any digitally altered or artificial-intelligence-generated matter, that depicts a person under 18 engaged in sexual conduct, knowing that it does so, is sexual exploitation of a child
- Obscenity need not be proven (Section 311.3(b))
- Exemptions for law enforcement and prosecution activities, legitimate medical, scientific or educational activities, lawful conduct between spouses, commercial film-developer employees acting within employment, unsolicited matter received without knowledge or consent, and minors alleged solely to have viewed sexual conduct (Section 311.3(d), (f), (g), (h))
- Penal Code Section 11165.1: the definition of sexual exploitation used by mandated reporters is broadened to include digitally altered or artificial-intelligence-generated matter depicting a person under 18 engaged in sexual conduct
Exemptions
Law enforcement, medical, scientific and educational activities
Section 311.3(a) does not apply to law enforcement and prosecution investigations, legitimate medical, scientific or educational activities, or lawful conduct between spouses (Section 311.3(d))
- • Investigation or prosecution of criminal offences
- • Legitimate medical, scientific or educational activity
Unsolicited receipt without control
Matter that is unsolicited and received without knowledge or consent through a facility, system or network over which the person or entity has no control is excluded (Section 311.3(g))
- • Unsolicited
- • No control over the facility, system or network
Compliance & Enforcement
Key Dates
Jan 1, 2027
Amendments to Penal Code Sections 311.3 and 11165.1 take effect
Penalties
$2K; criminal (up to 3yr)
View on map
California
Focus Areas
Cite This
APA
California. (2026). California SB 1276 (Crimes: Sexual Exploitation of a Child; Digitally Altered and AI-Generated Material).
Related Regulations
CA SB 867
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CA AB 1394 / AB 1946
California statute requiring social media platforms to provide a mechanism for California users to report child sexual abuse material, to block reported material and notify the reporting user within fixed timeframes, and prohibiting platforms from knowingly facilitating, aiding or abetting the commercial sexual exploitation of minors. AB 1946, effective January 1, 2027, widens the definition of child sexual abuse material to intimate visual depictions of identifiable minors including digital forgeries created with artificial intelligence, opens reporting to any user rather than only the depicted minor, requires review by a natural person where no known hash match exists, shortens the response clock to 48 hours for blocking and 7 days for a final determination, and adds civil penalties recoverable by public prosecutors.
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Last updated September 20, 2026. Verify against primary sources before relying on this information.