Creating or sharing AI-generated sexual content involving minors can lead to criminal charges in New Jersey. The charges and penalties you could face depend on the content and what you do with it.
At The Law Offices of Christopher St. John, we represent people facing charges related to AI child pornography in Marlton and Southern New Jersey. This article explains how New Jersey law applies to AI-generated illegal content involving minors and the criminal consequences you could face.
When Can This Content Lead to Criminal Charges in New Jersey?
Knowingly possessing or viewing material that depicts the sexual abuse or exploitation of a child can lead to criminal charges under New Jersey’s child endangerment law, N.J.S.A. 2C:24-4. Distributing that content, or possessing it with the intent to distribute it, can also result in criminal charges.
The law also covers sexual images involving a child that are reproduced or reconstructed using a computer. In other words, an image doesn’t have to come directly from an original photograph or video to result in criminal charges.
Criminal Consequences Under New Jersey Law
The charges and penalties depend on what you did with the content and, in some cases, how many items were involved.
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Creating or reconstructing sexual images involving a child: This offense is a second-degree crime and carries a potential prison sentence of 5 to 10 years.
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Distributing or possessing the content: The degree of the offense depends on the number of items involved. Possessing or knowingly viewing the content can lead to separate charges with their own penalties.
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Using AI-generated deepfakes: Using deceptive AI-generated media to facilitate a child sexual abuse or exploitation offense can add a third-degree charge, which carries an ordinary prison term of 3 to 5 years.
New Jersey Law on AI-Generated Content Is Still Developing
The law is less clear when AI-generated sexual content appears to depict a minor but is entirely synthetic and isn’t based on a real child.
Proposed legislation, including Assembly Bill A2312, would address this gap by covering AI-generated sexual images that depict minors even when no actual child was used to create them.
Committed to Your Defense Against AI-Related Charges
If you’re facing an AI-related charge, the charges and penalties you face can depend on how the content was created and whether a real child was involved. The specific allegations against you and how New Jersey law applies to them need careful review.
The Law Offices of Christopher St. John can examine the evidence and explain the legal options available in your case. Contact our Marlton office or call 856-517-2958 to speak with an experienced criminal defense attorney.
Christopher St. John
Tess Berkowitz