Use of AI

Operational definition used for penal application: the intentional use of algorithmic or AI systems to (a) generate or transform audio, voice, image, video or biometric simulations of a real person; (b) automate deployment or amplification of communications at scale for fraudulent or harmful intent; or (c) produce or distribute sexual, defamatory or illicit content intended to cause harm. Culpability under the draft is triggered when such AI use is knowingly employed to facilitate the commission of a crime and is distinguished from lawful development or academic uses.

A statutory aggravating circumstance permitting a judge to increase custodial penalties by up to one third above the statutory maximum when an offense was committed through, or materially facilitated by, an AI system—including where AI meaningfully aided planning, execution, dissemination, or concealment of the illegal act.