{"AmendmentNumber":"94","ParentBillNumber":"S3178","Bill":null,"Sponsor":{"Id":"PWM0","Name":"Paul W. Mark","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/PWM0","ResponseDate":"2026-07-23T18:29:31.67"},"Category":null,"Action":"Adopted","RollCall":[],"Title":"Protecting Against CSAM in the Massachusetts’ Innovation Economy","Branch":"Senate","RedraftNumber":2,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Messrs. Mark, Moore and Velis, Ms. Comerford, Messrs. Driscoll and O'Connor, Ms. Edwards and Mr. Montigny move that the proposed new text be amended by inserting after section 109, the following section:-\r\n“SECTION 109A. Section 54B of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 24, the words “or 29D” and inserting in place thereof, in each instance, the following words:- “, 29D or 29E”; and\r\nby inserting after section 137 the following 8 sections:-\r\n“SECTION 137A. Section 29B of chapter 272 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following subsection:-\r\n\t(f) Whoever with lascivious intent disseminates child sexual abuse material, knowing the contents of such material or having sufficient facts in their possession to have knowledge of the contents thereof, or whoever has in their possession any such child sexual abuse material knowing the contents or having sufficient facts in their possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished by imprisonment in a state prison for not more than 10 years or by a fine of not less than $10,000 nor more than $50,000 or 3 times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.\r\nSECTION 137B. Section 29C of said chapter 272, as so appearing, is hereby amended by inserting after the word “possesses”, in line 1, the following words:- child sexual abuse material as defined in section 31, or.\r\nSECTION 137C. Section 29D of said chapter 272, as so appearing, is hereby amended by inserting after the figure “29C, in line 4, the following words:-  or creates, adapts, modifies or generates child sexual abuse material in violation of section 29E.\r\nSECTION 137D. Said section 29D of said chapter 272, as so appearing, is hereby further amended by inserting after the figure “29C”, in line 26, the following figure:- , 29E.\r\nSECTION 137E. Said chapter 272 is hereby amended by inserting after section 29D the following section:\r\nSection 29E. Whoever with lascivious intent knowingly creates, adapts, modifies or generates child sexual abuse material, or knowingly directs, instructs, prompts or otherwise causes any other person, computer program, model, artificial intelligence system or other technology to create, adapt, modify or generate child sexual abuse material, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years, or by imprisonment in a state prison for not more than 5 years, or by a fine of not less than $10,000 nor more than $50,000, or by both such fine and imprisonment; provided, however, that if the child sexual abuse material depicts an identifiable minor, such person shall be punished by imprisonment in a state prison for not more than 10 years, or by a fine of not less than $10,000 nor more than $50,000, or by both such fine and imprisonment.\r\nSECTION 137F. Section 31 of said chapter 272, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 1 to 3, inclusive, the words “twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D” and inserting in place thereof the following words:- “28, 28C, 28D, 28E, 29, 29A, 29B, 29E, 30, 30D and 31”.\r\nSECTION 137G. Said section 31 of said chapter 272, as so appearing, is hereby further amended by inserting before the definition of “Disseminate” the following definition:-\r\n“Child sexual abuse material”, any visual material: (i) the production of which involved the use of an actual minor engaged in sexual conduct; (ii) that is a digital image, computer image or computer-generated image that is, or is indistinguishable from, an authentic representation or reproduction of a minor: (A) engaged in sexual conduct or in a state of nudity; and (B) that is obscene; or (iii) that has been created, adapted, modified or generated to show or depict an identifiable minor in a state of nudity or engaged in sexual conduct.\r\nSECTION 137H. Said section 31 of said chapter 272, as so appearing, is hereby further amended by inserting after the definition of “harmful to minors” the following 2 definitions:-\r\n“Identifiable minor”, an actual person who: (i)(A) was a minor at the time the visual material was created, adapted, modified or generated; or (B) whose image as a minor was used in creating, adapting, modifying or generating the visual material; and (ii) is recognizable as an actual person by the person’s face, likeness or other distinguishing characteristics; provided, however, that the term “identifiable minor” shall not be construed to require proof of the actual identity of the identifiable minor.\r\n“Indistinguishable”, when used with respect to visual material, means that the depiction is such that a reasonable person viewing the material would conclude that it depicts an actual minor engaged in sexual conduct; provided, however, that this definition shall not apply to depictions that are drawings, cartoons, sculptures or paintings.”\r\n\r\n\r\n"}