As we prepare for a new legislative session, I want to revisit the passage of the Alabama Child Protection Act (ACPA). As legislators, we can positively impact the quality of life of many Alabamians, but we rarely have the opportunity to pass landmark legislation that sets the standard for the nation.
Last year, I was contacted by a friend whose young daughter was a victim of digitally morphed pornography created from an actual innocent image, also known as “deepfake” pornography.
This young girl’s face was imposed on the body of someone engaging in explicit sexual activities. In this case, the perpetrator was a 14-year-old classmate who generated these images using artificial intelligence (AI) at no cost online.
I have a young daughter of my own, and I know that today, young people face challenges that are wholly different from those we faced growing up. Technology has created a dangerous new reality for our children. After hearing about this tragic experience, I went to work looking for a solution.
During my discussions with Attorney General Steve Marshall, I realized this issue was more widespread than I could have imagined. I also learned that fully computer-generated child pornography was making prosecuting certain child predators extremely difficult.
Our state laws were behind the times, and many sex offenders, when caught with child pornography, were claiming that the images were not of real children but computer-generated. Before law enforcement agencies could bring charges, our prosecutors had to spend countless hours trying to determine whether these highly sophisticated electronic images involved real victims.
That is why I filed the Alabama Child Protection Act. I wanted to make it abundantly clear that in Alabama, we have zero tolerance for the possession and production of child sex abuse material, regardless of whether it is a genuine photo or an AI-generated image.
Working with the Attorney General and other law enforcement partners, we developed the strongest law in the nation targeting child sexual abuse material. Thankfully, my colleagues agreed with me, and we passed the Alabama Child Protection Act with unanimous support in both houses of the legislature.
With the passage of the ACPA, it does not matter if child pornography involves an actual child or is fully simulated; we are going to hold the twisted predators who possess it accountable.
The law provides victims of child pornography with a civil remedy and holds violators liable for actual damages, legal fees, and punitive damages. The ACPA also requires local school boards to develop policies to address students’ use of deepfake pornography to target their classmates.
We made it unequivocally clear that child sexual abuse material, in any form, will not be tolerated in our state. As technology advances, our laws must keep pace.
The ACPA strengthened our ability to hold child predators accountable and gives victims a voice. This is a nationwide issue, and I am happy that Alabama took the lead in addressing it.
Matt Woods is a father and small business owner from Jasper, AL. A Republican, Woods represents District 13 in the Alabama House of Representatives.
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