Is AI-Generated Child Porn Penalized the Same as Authentic Content?

 Posted on October 21,2024 in Sex Offenses

We live in a time where technology can be used to generate images and other content, eliminating the need to photograph or film real people. This has had a major impact on many fields, and the pornography industry is no exception. Some people have been gravitating toward AI-generated porn to avoid charges they could face for possessing certain material depicting actual people. However, a new bill being advanced in Illinois could mean that creating and sharing AI-generated content would be liable for the same penalties as actual child pornography. To learn more, speak with a qualified Naperville, IL criminal defense lawyer.

What is Considered Dissemination of Child Pornography?

For something to be considered child pornography, it needs to include a sexually explicit visual depiction of a child who is younger than 18. According to Illinois law, there are two categories of actions that can be considered the dissemination or spreading of child pornography:

• Distributing, selling, or exchanging it.
• Electronic distribution, which can include downloading and uploading.

While there are severe consequences regardless of the specific content, video penalties are harsher. Even if someone has not actually shared child pornography with others, the intent to do so is also considered a crime. If someone is found with multiple copies of something, it can be legally assumed that they intend to distribute it. 

How is the Dissemination of Child Pornography Penalized?

When a moving depiction is involved, dissemination can be charged as a Class X felony, with fines between $1,000 and $100,000 and a sentence of six to 30 years in prison. Otherwise, it is charged as a Class 1 felony, with the same range of fines of $1,000 and $100,000 and a sentence of four to 15 years in prison. When the defendant has been a repeat offender or the material is particularly violent, charges and penalties can become more severe.

Possible Defenses for Child Pornography Dissemination

A lawyer will review your case and determine the best defense strategy for you. Depending on the circumstances, possible defenses might include:

• There was no intent. Maybe there was a pop-up ad from a different website, or you clicked on a virus, and that is why it appeared, but you did not mean to use or disseminate it.
• The material belongs to someone else and could have been downloaded by someone else with access to your computer.
• The material does not meet the definition of child pornography. This is especially helpful if there is any legitimate scientific or educational purpose.
• You had reason to believe the people depicted are at least 18 years old.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you are facing charges for disseminating illegal child pornography because of AI-generated images in your possession, speak with an experienced Naperville, IL criminal defense attorney to understand your options. As the laws evolve to meet modern technological advances, it has become crucial to have a lawyer with an up-to-date understanding of charges, penalties, and defenses for various scenarios. Call Law Office of Philip R. Nathe at 630-416-7600 to schedule a free, confidential consultation.