Prosecutors are using existing federal child exploitation and obscenity laws to pursue cases involving AI-generated or manipulated images. Their approach depends on what the material depicts and what a person is accused of doing with it. Digital evidence can also be used to connect someone to the creation, possession, or distribution of the material.
The Law Office of Christopher St. John brings extensive criminal defense experience to New Jersey cases involving digital evidence, including allegations related to AI-generated child sexual abuse material. This article explains the charges prosecutors are using in AI-generated exploitation cases and how these cases are developing in New Jersey.
What Charges Are Prosecutors Bringing in AI-Generated Cases?
Prosecutors use different federal statutes in AI-generated exploitation cases depending on what the material depicts and how it was allegedly created or used.
- Obscene visual representations of minors (18 U.S.C. § 1466A): This federal law can apply to certain obscene computer-generated depictions of minors engaged in sexually explicit conduct. The statute doesn’t require that the depicted minor actually exist.
- Child sexual abuse material offenses (18 U.S.C. § 2252A): Federal child exploitation laws can apply when material falls within the statute’s definitions, including certain digitally created or modified depictions involving an identifiable minor.
- State offenses: State laws can also address AI-generated content used in conduct such as harassment or the distribution of non-consensual intimate images. The charge depends on how the content was created or used.
A federal case in Ohio shows how prosecutors are handling fully synthetic material. According to the U.S. Department of Justice, federal obscenity law was used to prosecute AI-generated images even though no actual child was used to create them. Evidence at trial also included the use of a text-to-image program that turned prompts into photorealistic depictions.
For someone under investigation, a fully AI-generated image can still lead to federal charges. Prosecutors can examine how the image was generated and use digital evidence to connect the material to the person accused of creating or possessing it.
What Is Happening in New Jersey?
New Jersey criminalized certain uses of “deceptive audio or visual media” under N.J.S.A. 2C:21-17.8 in 2025. The law makes it a third-degree crime to create, solicit, disclose, or use deceptive media to attempt or further another crime or offense, including endangering the welfare of a child.
State lawmakers are considering further changes involving AI-generated child sexual abuse material. A2312, which passed the Assembly in March 2026, would expand state law to cover certain manipulated depictions that appear to show an identifiable or purported child engaged in prohibited sexual conduct. The proposal would also amend New Jersey obscenity law to address certain manipulated depictions of purported children. Because the measure remains proposed legislation, it shouldn’t be described as current law.
Get Legal Guidance From The Law Offices of Christopher St. John
The fact that AI was used doesn’t, by itself, determine what charge applies. Prosecutors still need to connect the alleged conduct and material to the offense they’re pursuing.
If you’re under investigation or facing charges involving AI-generated content, The Law Offices of Christopher St. John can examine the evidence prosecutors are relying on and explain how the applicable law affects your case. Contact usat 856-517-2958 to discuss your legal options.
Christopher St. John
Tess Berkowitz