Illinois kids get new protection from AI-generated bullying at school

Illinois closes a gap in its bullying law

Illinois now has a law that covers AI-generated deepfakes in school bullying cases.

Gov. JB Pritzker signed House Bill 3851 on Aug. 15, 2025, updating the state’s School Code to address bullying that uses artificial intelligence and digital technology.

The law takes effect July 1, 2026, just in time for the next school year. It passed both chambers of the state legislature with zero opposition votes.

The law adds AI fakes to the definition

The new law does two key things. First, it broadens the definition of bullying to include sharing sexually explicit images.

Second, starting with the 2026-2027 school year, it expands cyberbullying to cover posting or sharing an unauthorized digital replica of someone online without their permission, if it causes harm similar to traditional bullying.

A digital replica is a fake likeness created using technology like AI. The definitions align with Illinois’ existing Digital Voice and Likeness Protection Act.

Bipartisan sponsors pushed it across the finish line

Rep. Janet Yang Rohr, a Democrat from Naperville, introduced and led the bill in the House. Sen. Meg Loughran Cappel, a Democrat from Shorewood, carried it in the Senate.

Both the American Civil Liberties Union of Illinois and the Illinois Coalition Against Sexual Assault backed the bill.

An earlier version failed to pass in 2024, but this updated version cleared both chambers without a single no vote.

The bill moved fast through Springfield

The bill moved quickly once introduced. Rep. Yang Rohr filed it on Feb. 7, 2025.

The House passed it 116-0 on April 9. The Senate adopted amendments and passed them 57-0 on May 30.

The House agreed to those changes 117-0 the very next day. Pritzker signed it into law on Aug. 15, 2025, making it Public Act 104-0338.

The law gives school districts clearer authority to investigate and respond to AI-related bullying cases.

Students already feel the effects of AI tools

Yang Rohr said students have unfettered access to AI, and many are feeling the effects through rising rates of cyberbullying.

AI tools have made it possible for anyone, including students, to create realistic fake images with little technical skill.

The Illinois State Board of Education had raised concerns about the need for clearer language to help districts and staff handle AI-based incidents.

Schools across the country reported growing cases of students using AI to create fake explicit images of classmates.

Real incidents drove the urgency

The problem has already hit schools across the country.

In fall 2025, AI-generated nude images spread through a Louisiana middle school, resulting in criminal charges against two boys under that state’s laws.

One victim was expelled after starting a fight with a boy she accused of creating the images. Students faced prosecution in Florida and Pennsylvania, and expulsions followed in California for similar cases.

A fifth-grade teacher in Texas was charged with using AI to create exploitative images of his own students.

Reports of AI exploitation exploded in two years

The numbers tell a stark story. The National Center for Missing and Exploited Children (NCMEC) received about 4,700 reports of AI-generated child exploitation images in 2023. That figure jumped to around 67,000 in 2024.

In just the first six months of 2025, reports reached roughly 440,000, a more than 9,000% increase since 2023.

Experts say the technology that once required sophisticated skills now requires little more than a smartphone app.

Half of all states acted on AI in 2025

Illinois was far from alone. At least half of U.S. states enacted laws in 2025 addressing deepfakes and other generative AI misuse, according to the National Conference of State Legislatures.

Some state laws specifically address simulated child exploitation material.

A total of 73 new AI-related laws were passed in 27 states in 2025, according to the Transparency Coalition.

The Center for Democracy and Technology confirmed Illinois HB 3851 is among the laws that update cyberbullying policies to cover AI-generated deepfake content.

Federal law now targets non-consensual deepfakes

Congress also moved. President Trump signed the TAKE IT DOWN Act on May 19, 2025.

The federal law makes it a crime to knowingly share non-consensual intimate images, including AI-generated deepfakes. It requires online platforms to remove those images within 48 hours of being notified.

Only two House members voted against it.

The law focuses on criminal liability and platform accountability, which goes beyond what HB 3851 does at the school level.

Schools and parents may be behind on the issue

The Illinois law updates school definitions for how districts handle bullying. Separate state and federal criminal laws handle prosecution.

Cyberbullying researchers recommend that schools update their AI deepfake policies and explain them clearly to students.

Many parents assume schools are already handling the issue, but experts say many schools are not prepared.

The TAKE IT DOWN Act requires online platforms to set up removal processes by May 19, 2026, the same general window Illinois schools face for policy updates.

Illinois schools now face a July 2026 deadline

School districts across Illinois will need to update their bullying policies before July 1, 2026.

Federal lawmakers also introduced the ENFORCE Act in 2025 to close gaps in how AI-generated exploitation material is penalized.

Child safety advocates say laws must pair with digital literacy education that teaches students about consent, consequences, and the ethical use of technology.

Illinois is among a growing number of states working to keep school policies in step with rapidly advancing technology.

The technology is moving faster than the rules

NCMEC said AI-generated content now regularly mixes in with traditional exploitation material, making it harder to track and remove.

Experts say the harm from AI-generated images differs from traditional bullying because fake images can spread online and stay there indefinitely.

Juvenile justice experts warn that lawmakers must balance accountability with age-appropriate responses for student offenders. Illinois schools have until July 2026 to update their policies under the new law.

This article was created with AI assistance and human editing.

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