States are cracking down on AI-generated sexual images of minors

Legislative momentum: States are rapidly moving to close legal loopholes around AI-generated sexual content that depicts minors, with 18 states passing new laws in 2024 compared to just two in 2023.

• Deepfakes, which use artificial intelligence to create seemingly authentic but fake photos, videos, or audio recordings, have created new challenges for existing child protection laws
• Traditional laws against child sexual abuse material (CSAM) often don’t explicitly address AI-generated content, making prosecution more difficult
• The Internet Watch Foundation reported that sexual deepfakes depicting minors more than doubled to 5,547 images on one dark web forum between September and March

State-level approaches: Most states are addressing the issue by expanding existing CSAM statutes to explicitly include AI-generated content.

• California imposes up to one year in jail and $2,500 in fines for first-time offenders who possess real or deepfake CSAM
• Louisiana has implemented stricter penalties, with minimum five-year prison sentences and fines up to $10,000 for creation or possession
• Ten states have laws that only address adult sexual deepfakes, potentially leaving legal gaps regarding minors

Educational impact: Schools are facing increasing pressure to address the rise of sexual deepfakes among students.

• 15% of high school students report awareness of sexual deepfakes depicting peers at their school
• Recent Title IX amendments now include AI-generated intimate images in the definition of sexual harassment
• Schools must report incidents to law enforcement while considering appropriate disciplinary actions for student perpetrators

Policy recommendations: Education experts advocate for comprehensive policy updates and training programs.

• The Center for Democracy and Technology recommends specific training for teachers and Title IX coordinators
• Schools are advised to educate staff, students, and families about deepfake dangers
• Legal experts emphasize the importance of teaching students about the serious consequences of creating or sharing such content

Future implications: As AI technology continues to advance, the intersection of education, law enforcement, and digital safety will require ongoing adaptation and vigilance to protect minors from emerging forms of exploitation.