The 2020 amendments to the Sexual Offenses Act seek to address nine areas:
Seven relate to sexual images, and a further two fix gaps that have become apparent since the law was first introduced.
They primarily aim to tackle the use of AI, voyeurism, and the creation of non-consensual images.
Home Office President Mark Leadbeater said the advent of AI is enabling sex offenders to evolve their criminal behavior in new ways.
“We must always stay ahead of the curve to protect our communities,” he said.
“The committee was concerned to learn that Guernsey Police has been dealing with AI-based intimate images and similar incidents in recent months, and is determined to act quickly to protect victims of this type of crime.”
“We will also use this opportunity to strengthen other areas of the law, such as indecent images of children and the powers the criminal justice system has to protect communities.”
The move is based on feedback and recommendations from police and law officials, as well as the challenges they have faced in recent and historical cases where local laws make investigations difficult.
The proposed amendments would make it a crime to create or take an intimate image without consent, or to create a deepfake or share that image (if the image is an intimate image).
Other new crimes include cyberflashing, requests for deepfakes, and possession of indecent cartoons and drawings of children.
Finally, the amendment expands the scope of sexual harm risk orders that courts can use to prevent people from harming children.
In 2015, England and Wales expanded the scope of ROSHO, and local changes reflect these and can now be used for proactive interventions.
Detective Inspector Thomas Rowe said: “In recent months, the Criminal Investigation Department has conducted investigations where AI technology has been involved in potential crimes.”
“As we investigated each case, it quickly became clear that the law was flawed and required the creation of specific crimes for activities such as the creation of deepfakes.”
He added that deepfakes and “revenge porn” type criminal activity can be extremely damaging to victims and have serious consequences.
“It’s abhorrent and we will always treat it that way,” he said.
“Similarly, filming or photographing people without their consent is a serious violation of people’s right to privacy.
“Our main goal has always been to protect victims and ensure offenders are brought to justice, and we hope these new amendments, if passed, will allow us to do that more effectively.”
