A York County man is the first defendant charged in Pennsylvania with illegal possession of child sexual abuse material based on AI-generated images. According to police, a number of AI-generated suspected child abuse images were found on the defendant's mobile phone after other suspected child abuse images were traced back to the defendant. The defendant now faces felony charges as a result of the AI-generated images under a new law that went into effect in 2024 and expanded the state's prohibition against sexual abuse of children to include the depiction or distribution of “artificially generated child sexual abuse material.”

If you are facing sexual abuse charges in Pennsylvania, you need the help of an experienced attorney from the LLF Law Firm's Criminal Defense Team to protect your rights and defend you during what is likely to be the most difficult period of your life. While the public is quick to condemn anyone accused of any type of child sexual abuse, prosecutors still must prove their cases in court beyond a reasonable doubt. Call the LLF Law Firm's Criminal Defense Team at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can defend you against the charges you're facing.

Pennsylvania's Prohibition Against AI-Generated Images of Children

Pennsylvania recently expanded the scope of its law prohibiting sexual abuse of children. In addition to prohibiting the act of photographing or video recording actual children engaging in prohibited acts, the law was expanded to include the creation of those images or videos through the means of artificial intelligence, as well as the possession and distribution of those AI-generated images or videos. Violation of the law is a third-degree felony for a first offense, and a second-degree felony for a second or subsequent offense.

Potential Defenses to Sexual Abuse of Children Allegations Based on AI-Generated Images

In commenting on the York County case, the Pennsylvania State Attorney General noted that the “proactive investigation uncovered a defendant weaponizing modern technology to victimize and harm children.” The problem with this statement, however, is that if the images were generated using artificial intelligence, then no actual children were depicted, harmed, or victimized by their creation. And as disturbing as these kinds of images may be, if they were truly generated using artificial intelligence, then this is an example of a crime with no actual human victims.

On top of this, there is at least one Supreme Court decision striking down a federal law on First Amendment grounds that prohibited computer-generated child pornography, while allowing another part of the law that prohibited the “morphing” of actual child images into pornographic ones.

The constitutionality of Pennsylvania's expanded Sexual Abuse of Children law remains untested. The York County case is the first time the new law has been used against a defendant allegedly in possession of AI-generated images of children engaging in acts prohibited by the law.

The LLF Law Firm Can Defend You Against Child Sexual Abuse Charges

Being charged with sexual abuse of a child can be devastating. These cases are widely publicized in the press and tend to be actively promoted by prosecutors. Your reputation will immediately suffer no matter what the final outcome. That does not mean, however, that you are not entitled to a defense. You absolutely are, and the LLF Law Firm's Criminal Defense Team is here to protect your rights during what will be one of the most difficult times of your life and to vigorously defend you against serious allegations that could land you in prison for years.

Our attorneys have years of experience defending clients accused of all types of crimes – including sex crimes – in courts across Pennsylvania. We know the laws, the procedures, the prosecutors, and the judges, and we are ready to fight to make sure your rights are protected from day one. Call us today at 888.535.3686 or fill out our contact form to schedule a confidential consultation to learn more about how the LLF Law Firm can help you in what may be the fight of your life.