HB 102

ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
AN ACT relating to crimes and offenses; specifying that
using artificial intelligence to commit a criminal offense
shall not be a defense to the offense; establishing
criminal offenses concerning the use of synthetic sexual
material or artificial intelligence against children;
establishing criminal offenses concerning the use of
artificial intelligence to promote self-harm or to censor
political speech; providing immunity for developers of
artificial intelligence systems as specified; specifying
penalties; providing and amending definitions; providing
causes of action; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
     Section 1. W.S. 1-1-143, 6-1-206,     6-4-307,    6-4-308
and 6-4-701 are created to read:
     1-1-143. Developers     of    artificial   intelligence
systems; liability; limitations.
     (a) As used in this section, "artificial intelligence
system" means as defined by W.S. 6-1-104(a)(xix).
     (b) Except as provided in subsection (c) of this
section, the developer of an artificial intelligence system
shall not be liable for damages arising from the use of an
artificial intelligence system when another person used the
system with the intent to commit or engage in illegal or
illicit activities or to cause harm.
     (c) The immunity provided in subsection (b) of this
section shall not apply if the artificial intelligence
system was developed with the knowledge or intent that the
primary purpose of the system would be for illegal or
illicit activities.
                              1
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     6-1-206.   Artificial    intelligence;        liability   and
defense.
     (a) Nothing in the Wyoming Criminal Code shall be
construed to prohibit the application of this code against
activity facilitated by an artificial intelligence system.
     (b) The use of an artificial intelligence system by a
person to commit a criminal offense shall not be a defense
to a criminal charge.
     6-4-307. Unlawful     distribution       of     nonconsensual
synthetic sexual material.
     (a) A    person  commits   the   offense  of   unlawful
distribution of nonconsensual synthetic sexual material if:
          (i)   The person:
               (A) Knowingly, distributes, transmits or
otherwise makes available synthetic sexual material that
realistically depicts another identifiable person without
that person's knowledge or consent;
               (B) At the time of the distribution or
transmission, knows that the synthetic sexual material was
created or altered without the knowledge or consent of the
depicted person and under circumstances in which the
depicted person had a reasonable expectation of privacy;
and
               (C) The    distribution  of   the synthetic
sexual material causes harm to the depicted person or is
intended to cause harm to the depicted person.
                                 2
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (ii) The    person   promotes  synthetic   sexual
material on an internet website, social media website or
other digital platform knowing the character and content of
the synthetic sexual material; or
          (iii) The person    intentionally threatens to
distribute synthetic sexual material that depicts a
person's intimate parts exposed or engaged in sexual
conduct without that person's consent and makes the threat
to obtain a benefit in:
              (A)   Return for not making the disclosure;
or
              (B)   Connection       with   the     threatened
disclosure.
     (b) It shall not be a defense to prosecution under
this section that the person depicted in the synthetic
sexual material:
          (i) Created or consented to the creation of the
synthetic sexual material, unless the depicted person is
the person who distributes, transmits or otherwise makes
the material available for lawful purposes; or
          (ii) Voluntarily    transmitted     the       synthetic
sexual material to the defendant.
     (c) Unlawful    distribution      of   synthetic     sexual
material is:
          (i) Except as provided in paragraph (ii) of this
subsection, a felony punishable by imprisonment for not
                                 3
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
more than ten (10) years, a fine of not more than ten
thousand dollars ($10,000.00), or both;
          (ii) For a second or subsequent conviction under
this section or of a substantially similar law of any other
jurisdiction, a felony punishable by imprisonment for not
more than twelve (12) years, a fine of not more than ten
thousand dollars ($10,000.00), or both.
     (d) Nothing in this act shall be construed to impose
liability on interactive computer services as defined in 47
U.S.C.   230(f)(2)    or   on   information   services   or
telecommunications services as defined in 47 U.S.C. 153 for
content provided by another person.
     6-4-308. Unlawful development or distribution        of
artificial intelligence system for child pornography.
     (a) As used in this section, "child       pornography"
means as defined by W.S. 6-4-303(a)(ii).
     (b) A    person  commits   the   offense of unlawful
development or distribution of an artificial intelligence
system for child pornography if the person:
          (i) Knowingly  develops   or   distributes  an
artificial intelligence system specifically designed to
create, distribute or promote child pornography or to
create, distribute or promote synthetic sexual material;
and
          (ii) Develops or     distributes the artificial
intelligence system with the intent that the system be used
by other persons to create, distribute or promote child
                               4
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
pornography or with knowledge that the system will be used
to create, distribute or promote child pornography.
    (c)   This section shall not apply:
          (i) To any artificial intelligence system that
produces content that promotes child pornography solely as
a result of user prompts or inputs and without the
developer's   intent  to   encourage   or   promote  child
pornography;
          (ii) To conduct taken in the course of bona fide
school, college, university, museum or public library
activities or in the course of employment of such an
organization;
          (iii) To conduct taken in       the   course   of   law
enforcement and judicial activities;
          (iv) To an interactive computer service as
defined in 47 U.S.C. 230(f)(2) or to an information service
or telecommunications service as defined in 47 U.S.C. 153
for content provided by another person.
     (d) Unlawful    development or  distribution  of  an
artificial intelligence system for child pornography is a
felony punishable by imprisonment not to exceed ten (10)
years,  a   fine  not to exceed ten      thousand dollars
($10,000.00), or both.
                         ARTICLE 7
             ARTIFICIAL INTELLIGENCE OFFENSES
                               5
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
     6-4-701. Unlawful development or distribution of
artificial   intelligence systems intended to  promote
self-harm.
     (a) As used in this section, "self-harm" means any
behavior   or  action   that  is   self-directed and  that
deliberately results in bodily injury, serious bodily
injury or death or the potential of bodily injury, serious
bodily injury or death to oneself.
     (b) A    person  commits   the   offense  of   unlawful
development or distribution of an artificial intelligence
system intended to promote self-harm if the person:
          (i) Knowingly    develops   or   distributes    an
artificial intelligence   system specifically designed    to
promote self-harm; and
          (ii) Develops or distributes the system with the
intent that the system will be used by others to promote
self-harm or with knowledge that the system will be used to
promote self-harm.
     (c)   This section shall not apply:
          (i) To any artificial intelligence system that
produces content that promotes self-harm solely as a result
of user prompts or inputs and without the developer's
intent to encourage or promote self-harm;
          (ii) To conduct taken in the course of bona fide
school, college, university, museum or public library
activities or in the course of employment of such an
organization;
                                6
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (iii) To conduct taken in      the   course   of   law
enforcement and judicial activities;
          (iv) To licensed health care providers providing
legitimate medical or therapeutic services;
          (v) To    an  interactive   computer  service  as
defined in 47 U.S.C. 230(f)(2) or to an information service
or telecommunications service as defined in 47 U.S.C. 153
for content provided by another person.
     (d) Unlawful    development or  distribution  of an
artificial intelligence system to promote self-harm is a
felony punishable by imprisonment for not more than ten
(10) years, a fine not to exceed ten thousand dollars
($10,000.00), or both.
     Section   2. W.S.    6-1-104(a)   by  creating   a   new
paragraph   (xix)  and   by   renumbering  (xix)   as   (xx),
6-4-301(a) by creating new paragraphs (vi) and (vii) and
6-4-303(a)(ii)(intro), (b) by creating new paragraphs (v)
and (vi) and (c) through (e) are amended to read:
     6-1-104.   Definitions.
     (a)   As used in this act, unless otherwise defined:
          (xix) "Artificial intelligence system" means any
machine learning-based system that can, for any given set
of objectives, generate outputs that include images, audio
content,   video   content,    digitally   generated   text,
three-dimensional models, predictions, recommendations or
decisions influencing physical or virtual environments;
                                7
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (xix)(xx)   "This    act"   means   title   6    of   the
Wyoming statutes.
    6-4-301.    Definitions.
    (a)   As used in this article:
          (vi) "Intimate parts" means as defined by W.S.
6-2-301(a)(ii);
          (vii) "Synthetic sexual material" means material
that has been created, altered or manipulated through the
use of an artificial intelligence system or another digital
method to realistically depict the intimate parts of a
specific person.
     6-4-303.   Sexual exploitation of children; penalties;
definitions.
    (a)   As used in this section:
          (ii) "Child   pornography"   means  any   visual
depiction, including any photograph, film, video, picture,
computer or computer-generated image, film, video or
picture, whether or not made or produced by electronic,
mechanical or other means, of explicit sexual conduct,
where:
     (b) A person is guilty of sexual exploitation of a
child if, for any purpose, he knowingly:
          (v) Uses an artificial intelligence  system     to
generate or create child pornography;
                                  8
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
          (vi) Possesses child pornography that the person
knows was generated by an artificial intelligence system.
     (c) The sexual exploitation of a child pursuant to
paragraphs (b)(i) through (iii) and (v) of this section is
a felony punishable by imprisonment for not less than five
(5) years nor more than twelve (12) years, a fine of not
more than ten thousand dollars ($10,000.00), or both.
     (d) The sexual exploitation of a child by possession
of sexually exploitive material pursuant to paragraph
(b)(iv) of this section or by possession of child
pornography generated by an artificial intelligence system
under paragraph (b)(vi) of this section is a felony
punishable by imprisonment for not more than ten (10)
years, a fine of not more than ten thousand dollars
($10,000.00), or both.
     (e) A second or subsequent conviction pursuant to
paragraphs (b)(i) through (iv) (vi) of this section, or of
a substantially similar law of any other jurisdiction, is a
felony punishable by imprisonment for not less than seven
(7) years nor more than twelve (12) years, a fine of not
more than ten thousand dollars ($10,000.00), or both.
                               9
ORIGINAL HOUSE  ENGROSSED
BILL NO. HB0102
       ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES
       SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
                    2026 BUDGET SESSION
    Section 3.    This act is effective July 1, 2026.
                             (END)
Speaker of the House  President of the Senate
                           Governor
                  TIME APPROVED: _________
                  DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
                                 10