Introduction
In recent years, the proliferation of artificial intelligence technology has created new challenges in the fight against child sexual abuse material (CSAM). A disturbing trend has emerged where individuals use AI tools to generate sexually explicit images of minors—sometimes claiming these materials are permissible because they don't involve "real children." This misconception is not only morally reprehensible but legally indefensible.
Recent cases, including those involving educators and other trusted community members, highlight the urgent need for greater awareness and understanding of the legal framework surrounding this issue. This article explores the current legal landscape, the misconceptions about AI-generated CSAM, and why society must remain vigilant against these emerging threats to child safety. The Mississippi Free Press had an article on March 27, 2025, of a Corinth Middle School teacher who used his computer’s AI programs to create sexually explicit videos of students! I suppose this teacher thought that since the videos were not “real,” he had committed no criminal violation. Nothing could be further from the truth. This teacher is fired and now facing serious Federal and State criminal charges.
The Legal Reality: AI-Generated CSAM is Illegal
Federal law is unambiguous on this matter. The PROTECT Act of 2003 explicitly criminalizes "virtual" child pornography—meaning that AI-generated, computer-created, or digitally manipulated images depicting minors in sexually explicit situations are illegal under federal law.
Specifically, 18 U.S.C. § 2256 defines child pornography to include any visual depiction that "appears to be of a minor engaging in sexually explicit conduct" or is "advertised, promoted, presented, described, or distributed in such a manner that conveys the impression" that it depicts a minor engaging in sexually explicit conduct.
The Supreme Court has clarified that such material is not protected by the First Amendment when it is either obscene under the Miller test, an obscene depiction of a minor, or a depiction that is "virtually indistinguishable from" child pornography involving actual minors.
Federal Prosecution Framework
Federal prosecutors pursue CSAM cases under several key statutes. Under 18 U.S.C. § 2251, which covers the sexual exploitation of children, prosecutors can target the production of child pornography. This applies when someone uses, persuades, induces, or coerces any minor to engage in sexually explicit conduct, including creating visual depictions of such conduct. Importantly, courts have applied this statute to AI-generated content depicting identifiable minors.
The statute 18 U.S.C. § 2252 addresses activities relating to material involving the sexual exploitation of minors, including transportation, distribution, receipt, and possession. This statute includes "knowingly" standards that have been broadly interpreted and covers interstate or foreign commerce, including internet transmission.
Additionally, 18 U.S.C. § 2252A specifically addresses activities relating to material constituting or containing child pornography. This statute explicitly includes "computer-generated image[s]" that are "indistinguishable from" child pornography and directly addresses virtual or AI-generated CSAM.
The legal threshold for prosecution is met regardless of whether the creator intended to keep the material private, no monetary exchange occurred, or the images were generated by AI rather than photographed.
Common Misconceptions
Many individuals hold dangerous misconceptions about AI-generated CSAM. One common rationalization is that "no real child was harmed." This ignores the fact that such images normalize the sexualization of children, can be used for grooming purposes, may drive demand for other forms of CSAM, and perpetuate the objectification of children.
Another misconception is that AI-generated content is "just art/fantasy." Courts have consistently rejected this defense when the content depicts minors in sexually explicit situations. Similarly, the belief that "AI-generated means it's not regulated" is incorrect, as federal law explicitly covers virtual and computer-generated imagery. In today’s world of computers, it only takes a few minutes, maybe even a few seconds, for a young person or adult to violate criminal laws. At Coxwell & Associates, we have seen a huge rise in child pornography cases since around 2020. It feels to us that we have handled more child pornography cases from 2020 to today than we did from 1980 to 2020. Let that sink in a minute.
Severe Federal Penalties: Mandatory Minimums and Beyond
Federal law imposes particularly harsh penalties for child pornography offenses, including those involving AI-generated content. A critical aspect of these penalties is mandatory minimum sentences, which remove judicial discretion and ensure significant incarceration terms.
For production of child pornography under 18 U.S.C. § 2251, offenders face a mandatory minimum sentence of 15 years in federal prison, with a maximum of 30 years for first-time offenders. Previous convictions can increase the mandatory minimum to 25 or 35 years. This includes using AI to create sexually explicit depictions of identifiable minors.
Distribution and transportation offenses under 18 U.S.C. § 2252 carry a mandatory minimum sentence of 5 years in federal prison, with a maximum of 20 years for first-time offenders. Previous convictions increase the mandatory minimum to 15 years. These penalties apply to sharing AI-generated CSAM via email, messaging apps, file-sharing services, or other means, and simply offering or advertising such material triggers these penalties.
Receipt of child pornography also carries a mandatory minimum sentence of 5 years in federal prison, with a maximum of 20 years for first-time offenders. Previous convictions increase the mandatory minimum to 15 years, and knowingly downloading AI-generated CSAM meets this threshold.
While possession carries no mandatory minimum for first-time offenders, it still brings a maximum sentence of 10 years, increased to a mandatory 10-year minimum for certain prior convictions.
Additional Consequences
Beyond prison sentences, those convicted face lifetime sex offender registration in many states, supervised release typically ranging from 5 years to lifetime, fines up to $250,000 per offense, and multiple counts often applied per image/video, potentially resulting in effectively life sentences. Offenders must also pay restitution to identified victims and forfeit computers, storage devices, and other property used in the offense. In addition to restitution, an individual who pleads or is convicted by a jury can be sued for child pornography.
The Technology Landscape
AI image generation has evolved rapidly, with tools becoming increasingly accessible to the public. This democratization of technology brings benefits but also significant risks when misused. Key concerns include the ease of creation, as modern AI tools can generate realistic imagery from text prompts with minimal technical skill; distribution challenges, as material can spread rapidly across platforms; and detection difficulties, as distinguishing AI-generated from authentic imagery becomes increasingly difficult.
Protecting Children in the Digital Age
Confronting this issue requires a multi-faceted approach. Parents and educators should maintain open communication with children about online safety, understand the technology children are using, monitor for signs of potential grooming or exploitation, and report suspicious activity to the appropriate authorities.
Technology companies must implement robust safety measures in AI tools to prevent misuse, develop better detection methods for AI-generated CSAM, and cooperate fully with law enforcement investigations. Meanwhile, policymakers should ensure that laws keep pace with technological developments, support international cooperation in fighting CSAM, and fund research into detection and prevention.
The Devastating Impact of Prosecution
Beyond the significant prison sentences, those charged with CSAM offenses face life-altering consequences that extend far beyond their incarceration. Professionally, they experience immediate job loss in virtually all cases, permanent loss of professional licenses, inability to work in fields involving children, education, healthcare, finance, or government, and effectively permanent unemployment or severe underemployment.
Personally, they often face family dissolution, with divorce rates exceeding 85% in these cases, loss of child custody and restricted visitation rights, homelessness due to housing restrictions for registered sex offenders, social ostracism and isolation, and significant rates of suicide among those charged.
Financial ruin is common, with legal defense costs often exceeding $100,000, asset forfeiture and fines, restitution payments to victims, inability to secure employment, and the cost of specialized housing that complies with sex offender residency restrictions.
Case Study: Educators and CSAM
In cases involving educators caught with AI-generated CSAM, the consequences have been particularly severe. These individuals lose not only their freedom but their entire professional identity, community standing, and ability to ever work in their field again. The mandatory minimum sentences ensure that even first-time offenders spend significant portions of their lives in federal prison.
Conclusion
The fight against child exploitation must evolve as technology advances. AI-generated CSAM represents a significant challenge, but the legal framework is clear: such material is illegal, harmful, and subject to severe penalties, including mandatory minimum sentences that remove judicial discretion.
The consequences of creating, distributing, or possessing such material extend far beyond the already substantial prison terms, effectively destroying the lives of those involved while also harming the broader social fabric. By understanding both the legal framework and the devastating consequences of these actions, we can work collectively to ensure the digital world remains safe for its most vulnerable users.
Technology will continue to advance, but our commitment to protecting children must remain unwavering—as must the serious consequences for those who exploit them, whether through traditional or AI-generated means.
At Coxwell & Associates, we hope we never see a person charged with one of these offenses. We understand that good people make bad choices and mistakes. We understand the terrible impact these cases can have on young people or adults who have special needs and do not fully comprehend the consequences or ramifications of their actions. However, the law can be unforgiving in these situations. At Coxwell & Associate,s we have experience helping individuals who unfortunately find themselves charged with one of these criminal offenses. The work is hard, and it can be unrewarding sometimes. That is the truth. Our law firm does not sugarcoat or give people false hope. We give straight and honest talk about the seriousness of a criminal problem, then we work as a TEAM to bring about the best result possible. If you have a question or problem in this area, call for a consultation with Coxwell & Associates.