Ohio 136th General Assembly Status: Passed Senate 1 R cosponsors

SB 163 — Regards AI images, simulated child porn, replica identity fraud

Last action — Referred to committee

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced April 01, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Stalled 32% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill requires watermarks on AI-generated products and prohibits simulated child pornography and identity fraud with replicas.

This legislation mandates that AI-generated images include a watermark for identification. It also bans simulated child pornography and prevents identity fraud using digital replicas of individuals.

Summary

To amend sections 1345.51, 2907.321, 2907.322, 2907.323, and 2913.49 and to enact section 1349.10 of the Revised Code to require AI-generated products have a watermark, to prohibit simulated child pornography, and to prohibit identity fraud using a replica of a person.

Bill Text

What changed in the latest version

25 added · 23 removed

Plain-language change summary

The recently passed version of SB 163 has added new sections specifically addressing the regulation of artificial intelligence (AI) by requiring that AI-generated products carry a watermark, and explicitly prohibits simulated child pornography and identity fraud using replicas of people. These additions aim to enhance consumer protection and hold individuals accountable for misuse of AI technology. This matters because it aims to provide clearer guidelines for AI use, protect vulnerable populations, and ensure that individuals are not misled or harmed by fraudulent representations.

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As Reported by the Senate Judiciary Committee 136th General Assembly Regular Session Sub.
As Passed by the Senate 136th General Assembly Regular Session Sub.
Senators DeMora, Ingram To amend sections 1345.51, 2907.321, 2907.322, 1 2907.323, and 2913.49 and to enact sections 2 1349.13 and 1349.14 of the Revised Code to 3 require AI-generated products to have a 4 watermark, to prohibit simulated child 5 pornography, and to prohibit identity fraud 6 using a replica of a person.
Senators DeMora, Ingram, Antonio, Blackshear, Cirino, Craig, Cutrona, Hicks-Hudson, Huffman, Landis, Lang, Manning, Patton, Reineke, Reynolds, Roegner, Romanchuk, Schaffer, Timken, Wilkin To amend sections 1345.51, 2907.321, 2907.322, 1 2907.323, and 2913.49 and to enact sections 2 1349.13 and 1349.14 of the Revised Code to 3 require AI-generated products to have a 4 watermark, to prohibit simulated child 5 pornography, and to prohibit identity fraud 6 using a replica of a person.
The fund 12 shall include civil penalties ordered pursuant to divisions (A) 13 and (D) of section 1345.07 of the Revised Code and paid as 14 provided in division (G) of that section, all civil penalties 15 ordered pursuant to division (F) of section 1349.13 of the 16 Revised Code, all civil penalties assessed under division (A) of 17 section 1349.192 of the Revised Code, all costs awarded to the 18 attorney general and all penalties imposed under section 4549.48 19 of the Revised Code, and all money unclaimed under section 20 Sub.
The fund 12 shall include civil penalties ordered pursuant to divisions (A) 13 and (D) of section 1345.07 of the Revised Code and paid as 14 provided in division (G) of that section, all civil penalties 15 ordered pursuant to division (F) of section 1349.13 of the 16 Revised Code, all civil penalties assessed under division (A) of 17 section 1349.192 of the Revised Code, all costs awarded to the 18 Sub.
163 Page 2 As Reported by the Senate Judiciary Committee 4549.50 of the Revised Code.
163 Page 2 As Passed by the Senate attorney general and all penalties imposed under section 4549.48 19 of the Revised Code, and all money unclaimed under section 20 4549.50 of the Revised Code.
45 (B)(1) Generative artificial intelligence systems shall be 46 programmed to provide a distinctive watermark on any generative 47 artificial intelligence system generated image or video that 48 informs the user that the particular image or video was 49 Sub.
45 (B)(1) Generative artificial intelligence systems shall be 46 programmed to provide a distinctive watermark on any generative 47 Sub.
163 Page 3 As Reported by the Senate Judiciary Committee generated using a generative artificial intelligence system.
163 Page 3 As Passed by the Senate artificial intelligence system generated image or video that 48 informs the user that the particular image or video was 49 generated using a generative artificial intelligence system.
71 (F) In addition to the civil action authorized under 72 division (E) of this section, the attorney general may commence 73 a civil action against a person that violates divisions (B) to 74 (D) of this section for injunctive relief and, in the case of a 75 person that violates division (C) of this section, a civil 76 penalty of up to ten thousand dollars.
71 (F) In addition to the civil action authorized under 72 division (E) of this section, the attorney general may commence 73 a civil action against a person that violates divisions (B) to 74 (D) of this section for injunctive relief and, in the case of a 75 person that violates division (C) of this section, a civil 76 Sub.
All civil penalties 77 collected under this division shall be deposited to the consumer 78 Sub.
163 Page 4 As Reported by the Senate Judiciary Committee protection enforcement fund created by section 1345.51 of the 79 Revised Code.
163 Page 4 As Passed by the Senate penalty of up to ten thousand dollars.
All civil penalties 77 collected under this division shall be deposited to the consumer 78 protection enforcement fund created by section 1345.51 of the 79 Revised Code.
106 (C) A person subpoenaed under this section shall comply 107 Sub.
106 Sub.
163 Page 5 As Reported by the Senate Judiciary Committee with the terms of the subpoena, unless the parties agree to 108 modify the terms of the subpoena or unless the court has 109 modified or quashed the subpoena, extended the return day of the 110 subpoena, or issued any other order with respect to the subpoena 111 prior to its return day.
163 Page 5 As Passed by the Senate (C) A person subpoenaed under this section shall comply 107 with the terms of the subpoena, unless the parties agree to 108 modify the terms of the subpoena or unless the court has 109 modified or quashed the subpoena, extended the return day of the 110 subpoena, or issued any other order with respect to the subpoena 111 prior to its return day.
however, the 135 suspension of the investigation or the affording of an 136 opportunity to cease and desist shall not prejudice or prohibit 137 Sub.
however, the 135 suspension of the investigation or the affording of an 136 Sub.
163 Page 6 As Reported by the Senate Judiciary Committee any further investigation by the attorney general under this 138 section.
163 Page 6 As Passed by the Senate opportunity to cease and desist shall not prejudice or prohibit 137 any further investigation by the attorney general under this 138 section.
(A) No person, with knowledge of the 165 character of the material or performance involved, shall do any 166 of the following:
(A) No person, with knowledge of the 165 character of the material or performance involved, shall do any 166 Sub.
167 Sub.
163 Page 7 As Reported by the Senate Judiciary Committee (1) Create, reproduce, or publish any obscene material 168 that has a minor, a depiction of a purported minor, or an 169 impaired person as one of its participants or portrayed 170 observers;
163 Page 7 As Passed by the Senate of the following:
167 (1) Create, reproduce, or publish any obscene material 168 that has a minor, a depiction of a purported minor, or an 169 impaired person as one of its participants or portrayed 170 observers;
192 (B)(1) This section does not apply to any material or 193 performance that is sold, disseminated, displayed, possessed, 194 controlled, brought or caused to be brought into this state, or 195 presented for a bona fide medical, scientific, educational, 196 Sub.
192 (B)(1) This section does not apply to any material or 193 performance that is sold, disseminated, displayed, possessed, 194 controlled, brought or caused to be brought into this state, or 195 Sub.
163 Page 8 As Reported by the Senate Judiciary Committee religious, governmental, judicial, or other proper purpose, by 197 or to a physician, psychologist, sociologist, scientist, 198 teacher, person pursuing bona fide studies or research, 199 librarian, member of the clergy, prosecutor, judge, or other 200 person having a proper interest in the material or performance.
163 Page 8 As Passed by the Senate presented for a bona fide medical, scientific, educational, 196 religious, governmental, judicial, or other proper purpose, by 197 or to a physician, psychologist, sociologist, scientist, 198 teacher, person pursuing bona fide studies or research, 199 librarian, member of the clergy, prosecutor, judge, or other 200 person having a proper interest in the material or performance.
224 (D) As used in this section and sections 2907.322 and 225 2907.323 of the Revised Code, "impaired :
224 (D) As used in this section and sections 2907.322 and 225 Sub.
226 Sub.
163 Page 9 As Reported by the Senate Judiciary Committee (1) "Artificially generated depiction" means a visual 227 depiction of an actual person that was created or edited by 228 artificial intelligence or other computer-generated means and 229 that a reasonable person would believe depicts or represents an 230 actual person who is identifiable by the person's face, 231 likeness, or other distinguishing characteristic.
163 Page 9 As Passed by the Senate 2907.323 of the Revised Code, "impaired :
226 (1) "Artificially generated depiction" means a visual 227 depiction of an actual person that was created or edited by 228 artificial intelligence or other computer-generated means and 229 that a reasonable person would believe depicts or represents an 230 actual person who is identifiable by the person's face, 231 likeness, or other distinguishing characteristic.
251 (2) Advertise for sale or dissemination, sell, distribute, 252 transport, disseminate, exhibit, or display any material that 253 shows a minor, an artificially generated depiction of a minor, 254 or an impaired person participating or engaging in sexual 255 Sub.
251 (2) Advertise for sale or dissemination, sell, distribute, 252 transport, disseminate, exhibit, or display any material that 253 shows a minor, an artificially generated depiction of a minor, 254 Sub.
163 Page 10 As Reported by the Senate Judiciary Committee activity, masturbation, or bestiality;
163 Page 10 As Passed by the Senate or an impaired person participating or engaging in sexual 255 activity, masturbation, or bestiality;
282 (B)(1) This section does not apply to any material or 283 performance that is sold, disseminated, displayed, possessed, 284 Sub.
282 (B)(1) This section does not apply to any material or 283 Sub.
163 Page 11 As Reported by the Senate Judiciary Committee controlled, brought or caused to be brought into this state, or 285 presented for a bona fide medical, scientific, educational, 286 religious, governmental, judicial, or other proper purpose, by 287 or to a physician, psychologist, sociologist, scientist, 288 teacher, person pursuing bona fide studies or research, 289 librarian, member of the clergy, prosecutor, judge, or other 290 person having a proper interest in the material or performance.
163 Page 11 As Passed by the Senate performance that is sold, disseminated, displayed, possessed, 284 controlled, brought or caused to be brought into this state, or 285 presented for a bona fide medical, scientific, educational, 286 religious, governmental, judicial, or other proper purpose, by 287 or to a physician, psychologist, sociologist, scientist, 288 teacher, person pursuing bona fide studies or research, 289 librarian, member of the clergy, prosecutor, judge, or other 290 person having a proper interest in the material or performance.
If the offender previously has 310 been convicted of or pleaded guilty to a violation of this 311 section or section 2907.321 or 2907.323 of the Revised Code, 312 pandering sexually oriented matter involving a minor, an 313 artificially generated depiction of a minor, or an impaired 314 Sub.
If the offender previously has 310 been convicted of or pleaded guilty to a violation of this 311 section or section 2907.321 or 2907.323 of the Revised Code, 312 pandering sexually oriented matter involving a minor, an 313 Sub.
163 Page 12 As Reported by the Senate Judiciary Committee person in violation of division (A)(5) of this section is a 315 felony of the third degree.
163 Page 12 As Passed by the Senate artificially generated depiction of a minor, or an impaired 314 person in violation of division (A)(5) of this section is a 315 felony of the third degree.
340 (2) Consent to the photographing of the person's child or 341 ward who is a minor or impaired person, or photograph the 342 person's child or ward who is a minor or impaired person, in a 343 Sub.
340 (2) Consent to the photographing of the person's child or 341 ward who is a minor or impaired person, or photograph the 342 Sub.
163 Page 13 As Reported by the Senate Judiciary Committee state of nudity or consent to the use of the person's child or 344 ward who is a minor, an artificially generated depiction of the 345 minor, or an impaired person in a state of nudity in any 346 material or performance, or use or transfer a material or 347 performance of that nature, unless the material or performance 348 is sold, disseminated, displayed, possessed, controlled, brought 349 or caused to be brought into this state, or presented for a bona 350 fide artistic, medical, scientific, educational, religious, 351 governmental, judicial, or other proper purpose, by or to a 352 physician, psychologist, sociologist, scientist, teacher, person 353 pursuing bona fide studies or research, librarian, member of the 354 clergy, prosecutor, judge, or other person having a proper 355 interest in the material or performance;
163 Page 13 As Passed by the Senate person's child or ward who is a minor or impaired person, in a 343 state of nudity or consent to the use of the person's child or 344 ward who is a minor, an artificially generated depiction of the 345 minor, or an impaired person in a state of nudity in any 346 material or performance, or use or transfer a material or 347 performance of that nature, unless the material or performance 348 is sold, disseminated, displayed, possessed, controlled, brought 349 or caused to be brought into this state, or presented for a bona 350 fide artistic, medical, scientific, educational, religious, 351 governmental, judicial, or other proper purpose, by or to a 352 physician, psychologist, sociologist, scientist, teacher, person 353 pursuing bona fide studies or research, librarian, member of the 354 clergy, prosecutor, judge, or other person having a proper 355 interest in the material or performance;
369 (b) The person knows that the minor's or impaired person's 370 parents, guardian, or custodian has consented in writing to the 371 photographing or use of the minor, artificially generated 372 depiction of the minor, or impaired person in a state of nudity 373 Sub.
369 (b) The person knows that the minor's or impaired person's 370 parents, guardian, or custodian has consented in writing to the 371 photographing or use of the minor, artificially generated 372 Sub.
163 Page 14 As Reported by the Senate Judiciary Committee and to the manner in which the material or performance is used 374 or transferred.
163 Page 14 As Passed by the Senate depiction of the minor, or impaired person in a state of nudity 373 and to the manner in which the material or performance is used 374 or transferred.
163 Page 15 As Reported by the Senate Judiciary Committee (1) "Personal identifying information" includes, but is 404 not limited to, the following:
163 Page 15 As Passed by the Senate (1) "Personal identifying information" includes, but is 404 not limited to, the following:
163 Page 16 As Reported by the Senate Judiciary Committee personal identifying information of any person with the intent 433 to aid or abet another person in violating division (B) of this 434 section.
163 Page 16 As Passed by the Senate personal identifying information of any person with the intent 433 to aid or abet another person in violating division (B) of this 434 section.
163 Page 17 As Reported by the Senate Judiciary Committee (J)(1) It is an affirmative defense to a charge under 462 division (B) of this section that the person using the personal 463 identifying information is acting in accordance with a legally 464 recognized guardianship or conservatorship or as a trustee or 465 fiduciary.
163 Page 17 As Passed by the Senate (J)(1) It is an affirmative defense to a charge under 462 division (B) of this section that the person using the personal 463 identifying information is acting in accordance with a legally 464 recognized guardianship or conservatorship or as a trustee or 465 fiduciary.
163 Page 18 As Reported by the Senate Judiciary Committee (b) The personal identifying information or replica was 493 obtained, possessed, used, created, or permitted to be used for 494 a lawful purpose, provided that division (F)(2)(b) (J)(2)(b) of 495 this section does not apply if the person or entity using, 496 obtaining, possessing, or creating the personal identifying 497 information or replica, or permitting it to be used, is a law 498 enforcement agency, authorized fraud personnel, or a 499 representative of or attorney for a law enforcement agency or 500 authorized fraud personnel that is using, obtaining, possessing, 501 or creating the personal identifying information or replica, or 502 permitting it to be used, in an investigation, an information 503 security evaluation, a pretext calling evaluation, or similar 504 matter.
163 Page 18 As Passed by the Senate (b) The personal identifying information or replica was 493 obtained, possessed, used, created, or permitted to be used for 494 a lawful purpose, provided that division (F)(2)(b) (J)(2)(b) of 495 this section does not apply if the person or entity using, 496 obtaining, possessing, or creating the personal identifying 497 information or replica, or permitting it to be used, is a law 498 enforcement agency, authorized fraud personnel, or a 499 representative of or attorney for a law enforcement agency or 500 authorized fraud personnel that is using, obtaining, possessing, 501 or creating the personal identifying information or replica, or 502 permitting it to be used, in an investigation, an information 503 security evaluation, a pretext calling evaluation, or similar 504 matter.
163 Page 19 As Reported by the Senate Judiciary Committee (2) If an offender commits a violation of division (C) of 524 this section and the violation occurs as part of a course of 525 conduct involving other violations of division (C) of this 526 section or violations of, attempts to violate, conspiracies to 527 violate, or complicity in violations of division (B), (D), or 528 (E) of this section or section 2913.02, 2913.04, 2913.11, 529 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised 530 Code, the court, in determining the degree of the offense 531 pursuant to division (I) (M) of this section, may aggregate all 532 credit, property, or services obtained or sought to be obtained 533 by the person aided or abetted and all debts or other legal 534 obligations avoided or sought to be avoided by the person aided 535 or abetted in the violations involved in that course of conduct.
163 Page 19 As Passed by the Senate (2) If an offender commits a violation of division (C) of 524 this section and the violation occurs as part of a course of 525 conduct involving other violations of division (C) of this 526 section or violations of, attempts to violate, conspiracies to 527 violate, or complicity in violations of division (B), (D), or 528 (E) of this section or section 2913.02, 2913.04, 2913.11, 529 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised 530 Code, the court, in determining the degree of the offense 531 pursuant to division (I) (M) of this section, may aggregate all 532 credit, property, or services obtained or sought to be obtained 533 by the person aided or abetted and all debts or other legal 534 obligations avoided or sought to be avoided by the person aided 535 or abetted in the violations involved in that course of conduct.
163 Page 20 As Reported by the Senate Judiciary Committee property, services, debt, or other legal obligation involved in 555 the violation or course of conduct is one hundred fifty thousand 556 dollars or more, except as otherwise provided in division (I)(3) 557 (M)(3) of this section, identity fraud is a felony of the second 558 degree.
163 Page 20 As Passed by the Senate property, services, debt, or other legal obligation involved in 555 the violation or course of conduct is one hundred fifty thousand 556 dollars or more, except as otherwise provided in division (I)(3) 557 (M)(3) of this section, identity fraud is a felony of the second 558 degree.
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163 Page 21 As Reported by the Senate Judiciary Committee be used for the reporting and investigation of elder abuse, 586 neglect, and exploitation or for the provision or arrangement of 587 protective services under sections 5101.61 to 5101.71 of the 588 Revised Code.
163 Page 21 As Passed by the Senate be used for the reporting and investigation of elder abuse, 586 neglect, and exploitation or for the provision or arrangement of 587 protective services under sections 5101.61 to 5101.71 of the 588 Revised Code.
163 Page 22 As Reported by the Senate Judiciary Committee repealed.
163 Page 22 As Passed by the Senate repealed.
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Action History

  1. As Passed by the Senate

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 133 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (133)

133 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 30 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 22000
Democratic 8000
Total 30000
% of votes cast 100%0%0%0%
How each member voted (30)
Member Party Vote
Beth Liston Democratic Yea
Catherine D. Ingram Democratic Yea
Hearcel F. Craig Democratic Yea
Kent Smith Democratic Yea
Nickie J. Antonio Democratic Yea
Paula Hicks-Hudson Democratic Yea
William P. DeMora Democratic Yea
Willis E. Blackshear, Jr. Democratic Yea
Al Cutrona Republican Yea
Al Landis Republican Yea
Andrew O. Brenner Republican Yea
Bill Reineke Republican Yea
Brian M. Chavez Republican Yea
George F. Lang Republican Yea
Jane M. Timken Republican Yea
Jerry C. Cirino Republican Yea
Kristina D. Roegner Republican Yea
Kyle Koehler Republican Yea
Louis W. Blessing, III Republican Yea
Mark Romanchuk Republican Yea
Michele Reynolds Republican Yea
Nathan H. Manning Republican Yea
Rob McColley Republican Yea
Sandra O'Brien Republican Yea
Shane Wilkin Republican Yea
Stephen A. Huffman Republican Yea
Susan Manchester Republican Yea
Terry Johnson Republican Yea
Thomas F. Patton Republican Yea
Tim Schaffer Republican Yea

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Subjects

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Frequently asked questions

What does SB 163 do?
To amend sections 1345.51, 2907.321, 2907.322, 2907.323, and 2913.49 and to enact section 1349.10 of the Revised Code to require AI-generated products have a watermark, to prohibit simulated child pornography, and to prohibit identity fraud using a replica of a person.
Who sponsors SB 163?
SB 163 is sponsored by Louis W. Blessing, III (Republican).
What is the current status of SB 163?
This bill has passed the Senate. Introduced April 01, 2025. It now moves to the second chamber.
Where can I track SB 163?
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