Is AI-Generated Child Pornography a Crime in Illinois?

 Posted on October 23,2024 in Sex Crimes

As AI technology becomes mainstream, programs that can generate photos and videos are becoming increasingly popular. Users continue to employ AI-generated imagery for various purposes, including pornography. AI programs are sometimes used to generate sexual images and videos of fictional characters, while other times they depict actual people performing sexual acts — referred to as "deepfakes." 

Policymakers have been working on passing laws regarding AI-generated pornography. While pornographic imagery of fictional adults falls under the First Amendment right to free speech, deepfakes and sexual depictions of children are illegal in some states and in the process of being outlawed in others.

This article will discuss Illinois laws regarding AI-generated child porn. Contact an Illinois child pornography defense attorney for more information and questions about your specific case.

How Does Illinois Treat AI-Generated Child Porn?

In August, Illinois Governor J.B. Pritzker signed a bill making AI-generated child porn illegal. The law covers both deepfakes and "purported children," meaning that any obscene imagery involving what looks like a child can qualify as child pornography. Imagery is considered obscene if the average person would consider it purely sexual and without any literary or scientific purpose.

What Are the Penalties for AI-Generated Child Porn?

Producing, possessing, accessing, or distributing AI-generated child porn carries severe penalties:

• Someone who receives, accesses, or possesses AI-generated child porn with intent to view it can be charged with a Class 3 felony. This carries a prison sentence of two to five years and a fine of up to $25,000. In some cases, prison time can be extended to 10 years.
• Any subsequent offense of the above is a Class 2 felony, which carries a prison sentence of three to seven years in prison and a fine of up to $25,000. 
• Creating AI-generated child porn, possessing it with the intent to share it, or even offering to share it, is a Class 1 felony. This carries four to 15 years in prison and a fine of up to $25,000. Any subsequent offense becomes a Class X felony, the most serious kind in Illinois. A Class X felony carries a prison sentence of six to 30 years and a fine of up to $100,000.

What Does Federal Law Say About AI-Generated Child Porn?

AI-generated child porn, including deepfakes and images of purported children, are illegal under federal law. An important thing to remember about crimes is that they become federal when they cross state lines. This includes crimes using the internet, which almost always involves interstate communication. AI-generated child porn, therefore, may be prosecuted under state and federal law.

Contact a Wheaton, IL Criminal Defense Attorney

Since the mainstream use of AI is fairly recent, courts are still deciding how to apply laws about crimes involving AI. If you are facing a child pornography charge for AI-generated imagery, protect your rights and your future by hiring a DuPage County, IL child pornography defense lawyer. Stephen A. Brundage has practiced Illinois law for over 30 years and has the experience to build an effective legal defense against your charges. Schedule a free consultation by calling 630-260-9647 today.