§ 129B.0045.Requirements for Sources of Artificial Sexual Material Harmful to Minors

A consent requirement aimed at the source rather than the viewer.

An entity operating a site with a publicly accessible tool for creating artificial sexual material harmful to minors, or making such an application publicly available, shall ensure that an individual used as a source for the material: is 18 years of age or older; and has consented to the use of the individual’s face and body as a source.

This addresses the harm the age verification provisions do not. Those protect the person who might see the material; this protects the person depicted in it.

The two requirements are cumulative and both are demanding. Age and consent must be established for the individual used as a source — which, for a tool operating on user-supplied images, means establishing facts about someone who is not the user and has no relationship with the entity.

"Shall ensure" is an obligation of result, not of effort. The section does not say the entity must take reasonable steps; it says it must ensure.

Subsection (b) supplies the same escape as the verification provision: the section does not apply to an entity that both prohibits the generation of such material in its terms and takes the affirmative technological steps described there.

So the chapter offers a consistent bargain to AI operators: filter effectively and prohibit the use, or verify age at the tool and vouch for every source.

The provision sits alongside the intimate visual material chapter’s AI sections, which reach the same conduct from the other direction — supplying the depicted person with a civil claim rather than imposing a duty on the tool.