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WA SB 5105

Washington AI-Generated CSAM Expansion Act

Expands Washington's CSAM laws to cover AI-generated depictions of non-identifiable minors, removes the requirement that a child must be aware of being recorded, and extends the statute of limitations from 3 to 10 years for depiction crimes.

Jurisdiction

Washington

Enacted

Mar 4, 2026

Effective

TBD

Enforcement

Washington State law enforcement; King County Prosecuting Attorney; Internet Crimes Against Children (ICAC) Task Force

Passed Senate unanimously January 28, 2026; House unanimously March 4, 2026. Awaiting governor's signature.

Washington House Democrats

Why It Matters

Closes legal loopholes that previously allowed AI-generated child sexual abuse material depicting non-identifiable minors to escape prosecution, and removes outdated awareness-of-recording defense.

Recent Developments

Passed both chambers unanimously in early 2026. Motivated by surge in AI-generated CSAM reports: from 4,700 in 2023 to 400,000+ in first half of 2025 according to NCMEC.

At a Glance

Applies to

Image GeneratorVideo Generator

Harms addressed

Who Must Comply

  • Individuals creating, distributing, or possessing AI-generated CSAM
  • Platforms hosting such material

Safety Provisions

  • AI-generated CSAM depicting non-identifiable minors is criminalized
  • Removes consciousness/awareness-of-recording requirement
  • Statute of limitations extended from 3 to 10 years for depiction crimes

Compliance & Enforcement

Penalties

criminal liability

Criminal liability

View on map

Washington

Focus Areas

Child safety

Cite This

APA

Washington. (2026). Washington AI-Generated CSAM Expansion Act.

Related Regulations

Proposed US-CA

CA SB 867

Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.

Enacted US-WA

WA AI Companion Act

Washington bill requiring AI companion chatbots to implement safeguards to detect and respond to user expressions of self-harm, suicidal ideation, or emotional crisis. Mandates clear disclosure that chatbot is AI (not human) with additional protections for minors. Sponsored by Senators Wellman and Shewmake at Governor Ferguson's request.

In Effect US-AR

AR HB 1071

Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.

In Effect US-ID

ID AI CSAM Act

Amends Idaho child pornography law to explicitly include AI-generated sexual depictions of children where depictions appear to be real children. Addresses challenge that investigators cannot distinguish AI-generated from real images. Criminal felony penalties including imprisonment.

In Effect US-SC

SC AI CSAM & Intimate Images Law

S.28 creates offense of obscene visual representations of child sexual abuse, including AI-generated CSAM. S.29 addresses morphed images of identifiable minors. Both bills criminalize creation, possession, and distribution of AI-generated sexual images without consent. Offenders added to sex offender registry.

In Effect US-FL

FL AI-Generated CSAM Law

Creates Government Technology Modernization Council within Department of Management Services. Criminalizes knowingly possessing, controlling, or intentionally viewing AI-generated child pornography. Prohibits viewing photographs, motion pictures, representations, images, data files, computer depictions, or presentations that include generated child pornography.

Last updated March 9, 2026. Verify against primary sources before relying on this information.