Is AI-Generated Child Pornography a Crime in California?

As technology continues to evolve, so does the law. A question on many people’s minds is: “Is AI-generated child pornography a crime in California?” With the rise of AI tools that can generate realistic images and videos, many people are wondering if they could be held criminally liable for creating or possessing such content.

California’s laws on child pornography are evolving and are broad enough that they could be interpreted to apply to virtual or digitally-created depictions of minors engaging in sexual conduct. This makes it a very serious legal issue for anyone who creates, distributes, or even possesses such material.

Understanding California Child Pornography Laws

California does not take child pornography lightly. Under California child pornography laws, a person who creates, distributes, or possesses any sexually explicit visual material of a minor is subject to harsh penalties. The legal definition of child pornography under California Penal Code Sections 311.1 – 311.5 encompasses photographs and videos together with any additional images showing a minor performing sexual acts.

Over the years, courts have also evaluated whether or not digitally created or AI-generated imagery is covered by these statutes and whether a realistic image without an actual child depicted still has potential criminal liability.

Prosecutors could also argue that the creation of this kind of AI imagery could still be considered child exploitation and subject to similar laws in the state’s expansive definitions, even if no actual child was involved. For this reason, knowing the law and taking quick action is vital if you or a loved one is facing such a charge. Child pornography penalties include:

• Prison sentences
• Hefty fines
• Mandatory sex offender registry
• Restrictions on where to live, work, and travel

New Laws Regarding AI-Generated Images

In 2024, the California governor signed two bills that criminalized the AI depiction of child pornography. These are Assembly Bill 1831 and Senate Bill 1381.

AB 1831 is an act that will expand current child pornography laws in California to explicitly cover AI or digitally manipulated material. Existing California statutes mandate that these materials contain depictions of actual minors, but this law will expand on that to include AI materials.

The new law, AB 1831, establishes creating, distributing, or possessing AI-generated child sexual abuse material (CSAM) displaying minors in sexual activities as a felony offense. This will ensure that perpetrators using AI cannot be exempt from punishment or prosecution for producing child sexual abuse material.

SB 1381 is a bill that works in conjunction with AB 1831 and deals with the use of social media platforms in the increase of AI-generated CSAM. This bill would require all social media and internet platforms to have a reporting system in place for their users to report explicit material that they believe was created or distributed by artificial intelligence.

Platforms would then be responsible for blocking the reported content during their investigation and deleting it if it is deemed to be CSAM.

Common Defenses in AI-Generated Child Pornography Cases

It is important to remember that there are defenses available to those charged with child pornography offenses. This includes those involving AI-manufactured child pornography.

These defenses may include arguing that the material does not meet the legal definition of child pornography, proving a lack of intent to distribute or possess illegal material, and challenging the legality of a digital search and/or evidence seizure. Furthermore, professional testimony may be brought to show that an image or video was digitally created or altered.

On a national scale, the FBI, the Department of Justice, and the United States Attorney’s Offices have all focused attention on child exploitation offenses. During a five-day enforcement initiative known as Operation Restore Justice, 115 children were rescued, and 205 suspected offenders were arrested.

About Gibbons & Gibbons

The professional team at Gibbons & Gibbons is a family of criminal defense attorneys dedicated to being both compassionate and aggressive in its representation of people accused of serious crimes, including child pornography, sex crimes, and other criminal offenses.

An important part of the job we do for our clients is putting them at ease so that they can understand their options. We have more than 60 years of collective experience serving the people of Southern California. We practice law in local courts throughout the region, including the Los Angeles County Superior Court and the Bellflower Courthouse.

FAQs

What Is Considered Child Pornography Under California Law?

Child pornography in California is broadly defined and can include any type of visual depiction of a minor involved in sexual conduct. This includes, but is not limited to, photographs, videos, and digital or computer-generated images. Legal restrictions extend to representations that have been changed through physical or digital means or by computer technology to show minors in deceitful ways.

Is AI-Generated Child Pornography Illegal in California?

Yes, AI-generated child pornography is illegal in California. California state bills AB 1831 and SB 1381, which were recently signed into law, explicitly mention and criminalize AI-generated child sexual abuse material. Creating, owning, or sharing realistic AI-created child sexual abuse content constitutes a felony that brings fines and requires sex offender registration, despite involving no real children.

Can I Hire a Lawyer if I Am Accused of Child Pornography?

Yes, you can hire a child pornography lawyer if you are accused. A child pornography attorney can analyze and challenge the evidence against you. It is highly recommended that you get a lawyer if you are accused, as they know the law, can protect your rights, and mitigate the penalties you could face.

What Should I Do if I Am Accused of Child Pornography?

If you are accused of child pornography, never talk to the police without a lawyer present. Hire a child pornography lawyer as soon as possible to go over the evidence against you, to determine what defenses you may have, and to explain the legal process to you. Do not delete or manipulate files on any computer, as this may subject you to additional charges.

Hire a Child Pornography Lawyer

Being accused of child pornography, even in AI form, is a serious issue that can dramatically affect the rest of your life if convicted. Gibbons & Gibbons can help you fight for your future. Contact us today to get started.