Can AI-Generated Content Be Considered Child Porn?

 Posted on July 24, 2024 in Child Pornography

Artificial intelligence (AI) is transforming not only the tech industry but the world as we know it. Its applications are nearly endless, with AI technology being used to generate news articles, films, academic papers, images, and more. It powers personal assistants, self-driving cars, and robots. It is used in the healthcare, agriculture, marketing, and manufacturing sectors.

However, as AI continues to become more pervasive, criminal defense law has evolved to adapt to its different uses. Child pornography, for example, can now be created by using AI to generate sexually explicit images of fictitious minors. AI can also be used to generate deepfakes where a real child’s face is superimposed on a sexually explicit image.

But can someone be prosecuted for having child pornography if it is a fake image produced by AI technology? This article will explore that question and discuss when AI-generated child pornography becomes a federal crime. If you or someone you know is facing child pornography charges, reach out to an Illinois criminal defense attorney right away.

Can AI-Generated Content Be Considered Child Porn?

Federal law defines child porn as any sexually explicit image involving a minor. This includes photos, films, drawings, and even AI-generated imagery.

Here are a few other things to know about AI-generated child porn:

• The image does not need to depict a real-life minor to be illegal. Any image that even appears to depict a child in a sexually suggestive manner can be considered child porn. That includes AI-generated images of very young-looking characters.

• As with more typical types of child porn, the alleged child does not need to be engaging in sexual activity for the image to be illegal. All that is required is that the image is "sufficiently sexually suggestive."

• It is forbidden to have, produce, distribute, or even receive child pornography.

When Is AI-Generated Child Porn a Federal Crime?

Someone who is allegedly caught with child pornography can be prosecuted under state law, federal law, or both. Child porn charges will almost always fall under federal jurisdiction if it involves the internet, which AI-generated child pornography certainly does. It is also a federal crime if there is interstate activity. If the email in which you received the alleged child porn was sent outside of your state, for example, you can be prosecuted under federal law.

Keep in mind that it is possible to be prosecuted under both federal and state law.

Contact a Chicago, IL Child Pornography Defense Attorney

The penalties for child pornography are severe. Someone who is convicted of possessing child porn can be sentenced to anywhere from five years to life imprisonment. Make sure you are being well-defended by an experienced Chicago, IL child pornography defense lawyer. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we will use our significant legal skills to vigorously defend your rights and secure the best outcome possible. Call 312-629-0669 to schedule a free consultation with a highly experienced criminal defense attorney today.