First conviction for creating explicit content with AI

Unfortunately, it was a matter of time. If the Internet facilitated access to minors to pornography and artificial intelligence It led to the creation of images and videos with explicit content, you just had to count the days for both things to come together and it happened in Florida, United States, with two minors arrested for it.

According to a police report cited by the American press, two Florida high school students They were arrested in December and charged with third-degree felonies. for allegedly creating fake nudes of his classmates. The report mentions that these were two children, ages 13 and 14, who used an “artificial intelligence application” to generate explicit images of other students “between 12 and 13 years old.” The incident may be the first case in the United States of criminal charges related to AI-generated nude images.

The minors were charged with third-degree felonies under a 2022 Florida law that criminalizes the dissemination of false sexually explicit images without the victim's consent. The students, from Pinecrest Cove Academy in Miami, were suspended on December 6 and the case was escalated to the Miami-Dade Police Department and They were arrested on December 22.

Although this is the first time that a minor has been arrested for these events, the problem is not new in the United States: in fact, it is increasingly common. At the moment, There is no federal law addressing non-consensual deepfake nudity.which has left different states trying to figure out how to resolve the impact of generative AI on issues of child sexual abuse material, non-consensual deepfakes or revenge porn.

Last fall, President Joe Biden issued an executive order on this technology, asking agencies for a report on banning the use of generative AI to produce child sexual abuse material. Congress has yet to pass a law on deepfake pornography, but that could possibly change soon. Both the Senate and House introduced a bill, known as the DEFIANCE Act of 2024, this week, and the effort appears to have support from both major parties.

Although almost all states now have laws addressing revenge porn, only a handful of states have passed laws addressing AI-generated sexually explicit images to varying degrees. The Victims in states without legal protection have also resorted to litigation. For example, a 15-year-old girl from New Jersey is suing a classmate for sharing fake AI nudes.

A similar case has occurred in California: the Beverly Hills Police Department is investigating a case in which students allegedly shared images that “They used real faces of students on naked bodies generated by AIBut because the state law against “unlawful possession of obscene material knowing that it depicts a person under 18 engaging in or simulating sexual conduct” does not explicitly mention AI-generated images, the article says it is unclear if a crime has been committed.

In Spain, we are not immune to this either. There have already been cases in Tenerife, also in Zaragoza and another case in Madrid, but there are still no convictions nor have those involved been arrested. What must be taken into account is that Our country has already spoken out, in legal terms, about this type of use of AI: will be considered child pornography