Can I Be Punished the Same for AI Child Porn as if It Was Real?

 Posted on November 06, 2024 in Criminal Defense

AI is an indisputable new part of life these days. Whether it is translating a document written in a foreign language, determining which news stories will be most relevant to you on your favorite news website, or monitoring your business and alerting you to urgent needs, AI has had a major impact.

One of the fields in which AI has been prevalent is pornography, particularly with creating computer-generated pornographic content featuring minors in an attempt to avoid criminal charges for child pornography. However, many people are surprised to learn that AI child porn can be punished the same as authentic child porn. If you are facing criminal charges and in need of legal guidance, speak with an experienced Kane County, IL criminal defense lawyer.

How is AI-Generated Child Porn Charged?

Some people mistakenly believe that while child pornography is illegal, digitally-created imagery is not. They are surprised to learn that AI-generated content that depicts minors in sexual situations can result in serious charges and penalties.

A bill was recently signed in Illinois to criminalize AI-generated child pornography. Included in this bill is content that includes deepfakes, where realistic images are manipulated to depict someone in a graphic, sexual scene without their consent, and "purported children," where the people depicted simply appear to be minors even if they are of legal age. AI-generated child pornography can make someone liable for various charges, including:

• Class 3 felony: Someone who possesses, accesses, or receives AI child pornography and intends to view it can face a two-to-five-year prison sentence and up to $25,000 in fines. Depending on the specifics of the case, the prison sentence can be extended to ten years. Any subsequent offense could be charged as a class 2 felony, carrying similar fines of up to $25,000 along with a three-to-seven-year prison sentence.

• Class 1 felony: Creating AI child pornography, having it in your possession with the intention of sharing it with others, or offering to share it could make you liable for fines of up to $25,000 and a prison sentence of four-to-15 years. Any subsequent offense could be charged as a class X felony, carrying fines of up to $100,000 and a six-to-30-year prison sentence.

Schedule a Free Consultation with an Elgin, IL Criminal Defense Lawyer

If you are at risk of facing child pornography charges because of AI-generated content, speak with a skilled Aurora, IL criminal defense attorney. At The Law Office of Brian J. Mirandola, we have been staying on top of legislative developments as AI usage becomes more mainstream and we will build a strong case to defend your rights regardless of the charges. Call us at 847-488-0889 to schedule a free consultation.