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 DemocratsWhy 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allowed AI-generated child sexual abuse material depicting non-identifiable minors to escape prosecution, and removes outdated awareness-of-recording defense.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
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
View on map
Washington
Focus Areas
Cite This
APA
Washington. (2026). Washington AI-Generated CSAM Expansion Act.
Related Regulations
CA SB 867
Prohibits manufacturing, selling, exchanging, possessing with intent to sell, or offering for sale or exchange to a retailer any toy that includes a companion chatbot, where a toy is a physical product designed, marketed or manufactured for use in play by children under 16 years of age. Adds Business and Professions Code section 22604.5, which is repealed on January 1, 2031.
CA SB 1276
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).
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.
AR HB 1071
Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.
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.
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.