Artificial intelligence has made it possible to create realistic exploitative content without a camera or a real subject, creating legal questions that existing criminal laws were never written to answer. Courts and lawmakers are now determining how those laws apply to AI-generated content. But that legal debate is only part of the conversation.
AI-generated exploitative content has raised difficult ethical questions, even when no real child was involved in creating the material. Through our work defending clients accused of AI child pornography offenses, we at The Law Office of Christopher St. John have seen how quickly this area of law is evolving. In this article, we’ll look at the ethical issues driving those legal developments.
Why Does AI-Generated Exploitation Content Raise Ethical Concerns?
AI-generated exploitative content raises ethical concerns for several reasons, even when no real abuse occurred in creating the final image.
- Lack of consent. AI can use the likeness of a real person, including a child, to create sexually explicit images without that person’s knowledge or permission. Victims may have no control over how those images are created, shared, or reused.
- Normalization of abuse. Many child protection advocates argue that realistic AI-generated child sexual abuse material can normalize the sexualization of children and contribute to demand for exploitative content, even when the image itself was generated by a computer.
- Training data. AI models are trained on massive datasets that may contain copyrighted material, personal images, or even child sexual abuse material. That has led to ongoing debates about whether the technology benefits from exploitative material, even when the final image is computer-generated.
- Harm to investigations. Highly realistic AI-generated images can make it harder for investigators to determine whether an image depicts an actual child in danger. That can divert time and resources away from identifying real victims and prosecuting offenders.
- Scale and accessibility. AI allows explicit images to be created in seconds, often anonymously and with little technical skill. That makes exploitative content easier to produce and distribute than ever before.
How Is the Law Responding to AI-Generated Exploitative Content?
Federal prosecutors continue to rely on existing child sexual abuse material laws, including the PROTECT Act, in cases involving AI-generated content. Meanwhile, New Jersey has begun updating its own laws to address advances in artificial intelligence.
In 2024, the state replaced the term “child pornography” with “child sexual abuse or exploitation material.” A year later, Governor Phil Murphy signed legislation creating civil and criminal penalties for certain deceptive AI-generated media. The Legislature is also considering a bill that would specifically criminalize certain AI-generated or manipulated images depicting the sexual exploitation or abuse of children.
Experienced Criminal Defense for AI-Related Charges
AI-related criminal cases involve rapidly developing laws and complex technology. If you’re under investigation or facing charges involving AI-generated child sexual abuse material, it’s important to understand how the law applies to the specific facts of your case.
The Law Office of Christopher St. John represents clients facing serious criminal charges in Marlton and throughout Southern New Jersey, including AI child pornography allegations. Get in touch with us through our contact page or call 856-517-2958 to schedule a consultation.
Christopher St. John
Tess Berkowitz