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

New State Laws Address Sexual Deepfakes of Minors

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