Criminal Judiciary

Legislation prohibiting the use of artificial intelligence (AI) to develop revenge pornography was unanimously approved by the Oklahoma House of Representatives. Rep. Toni Hasenbeck, R-Elgin, said House Bill 1364 , which would add sexual content created through artificial intelligence to the statute prohibiting the sharing of revenge pornography, is a response to how AI can be misused. Revenge pornography is when a person shares private sexual images without the consent of the depicted person with the intention of humiliating that person. It became a misdemeanor offense in 2016. If HB1364 becomes law, revenge porn images created using AI would fall under this same category. "Artificial intelligence continues to reshape the landscape of both innovation and privacy, and it's critical that our laws evolve to protect our citizens from potential harm," Hasenbeck said. "House Bill 1364 directly addresses the harm that can arise from this technology by recognizing that AI-generated revenge porn, while fake, is nonetheless a very real violation of a person's dignity and privacy. This bill protects the autonomy and rights of every individual, no matter how technology may continue to evolve." Last year, Hasenbeck passed legislation that expanded the definition of "child pornography" to include artificial intelligence-generated depictions of children involved in sexually explicit content. After House Bill 3642 took effect on November 1, individuals who create or view AI-generated child pornography can now face felony prosecution. HB1364 was approved by the House 90-0 and now moves to the Senate for further consideration.

A measure aimed at improving school board policies on bullying has been passed by the Oklahoma House of Representatives. Currently, each school board must adopt a policy regarding bullying. House Bill 2017 would require a process for parental notification of bullying within 24 hours of notification of a bullying incident. Additionally, if a student expresses suicidal thoughts or intentions or encourages another student to commit suicide, the parents or legal guardians of the student must be notified immediately. Rep. Daniel Pae, R-Lawton, filed the bill to strengthen school district policies regarding bullying. "House Bill 2017 protects the well-being of all Oklahoma’s students," Pae said. "We have a responsibility to ensure that every student feels safe and supported, and that starts with clear policies, effective communication and a commitment to minimizing bullying in all its forms. Schools, parents and communities must work together to protect the well-being of our students." Under HB2017, the measure would require the adoption of procedures for students, school employees, school volunteers, or parents or legal guardians to report acts of bullying. Additionally, the school board must hold public hearings before the adoption or modification of the bullying policy. HB2017 also requires the addition of a statement prohibiting retaliation against a school employee who notifies the district board of education or the State Department of Education of noncompliance with the established bullying policy. The bill specifies that these provisions do not apply to speech protected under the First Amendment, nor do they apply to any other activity authorized by law. The House passed HB2017 62-32. It now moves to the Senate.

A bill to encourage the prioritization of victim restitution fees has been unanimously approved by the Oklahoma House of Representatives. Rep. Tammy West, R-Oklahoma City, carried House Bill 1462 to ensure victims of crimes receive their owed compensation before administrative fees are paid. The measure would direct courts to prioritize the payment of restitution before administrative fees when an individual owes both after being convicted of a crime and serving time. While judges may currently order the prioritization of restitution, Oklahoma's statutes do not explicitly require them to. "Surviving a crime can be deeply traumatic for the victim, as is reliving that time throughout the legal process and trial," West said. "House Bill 1462 makes it clear that our first priority is supporting the victims, not the courts. This bill ensures that victims are rightfully compensated in a timely manner before administrative costs are covered." HB1462 also directs Court Clerks to confirm with the District Attorney that restitution has been paid when allocating payments toward fees. The bill passed the House 89-0 and now proceeds to the Senate for consideration.