- United States
- N.Y.
- Letter
The proposed amendments to redefine felony sex offenses to include AI-generated content in the New York state 2026 budget should be removed entirely. Criminalizing fictional and imaginary content moves away from the core purpose of protecting real children from exploitation and recorded abuse. No actual minors are involved or victimized by computer-generated representations. This misguided approach embraces punishing people for their sexual fantasies rather than preventing future victimization of children. Numerous studies have found no link between fictional sexual materials and increased sexual aggression or acceptance of child abuse. In fact, some research suggests these fictional outlets could potentially reduce harmful impulses through a cathartic effect for high-risk individuals. Conflating art with felony abuse trivializes the suffering of real victims and diverts already scarce resources and investigative focus away from prosecuting actual crimes against children. Ultimately, this provision represents a slippery slope towards increased criminalization of sexual expression and censorship of marginalized communities like LGBTQ+ artists and survivors processing trauma through their work. It sets a dangerous precedent of prosecuting victimless offenses based on unproven assumptions about promoting harm. The just path forward is to prioritize preventing and prosecuting real child exploitation cases, while respecting the rights of adults to explore legal fiction and fantasy through artistic expression. For the sake of real victims and liberty, this misguided provision must be removed.