Appeals Court Ruling Addresses Child Pornography Created With AI

 Posted on September 22, 2026 in Criminal Defense

Law enforcement officials and courts throughout the United States are working to address the spread of child pornography. People who are accused of offenses related to child sexual abuse materials (CSAM) are likely to face serious criminal charges. However, the rapid development of artificial intelligence (AI) technology has raised some questions about whether materials created using image generation tools are illegal. 

There are a variety of reasons why people may be accused of offenses related to child pornography. Because these are considered to be crimes against children, charges related to producing, distributing, or possessing CSAM can lead to harsh penalties. Those who are facing these charges will need to have a skilled attorney on their side representing them throughout their cases. A criminal defense lawyer who understands the role that technology can have in these matters can provide guidance on the best options for addressing charges involving sex crimes.

Federal Appeals Court Judges Question How the Law Applies to AI-Generated Images

Child pornography is often referred to as child sexual abuse material because of the harm caused to children when it is created. Forcing, coercing, influencing, or otherwise causing children to engage in sexual activities for the purpose of taking photographs or videos is considered to be a form of sexual abuse. However, AI-generated images and videos may fall into a grey area, because they may be created without the involvement of children.

A recent case reviewed by the U.S. Court of Appeals for the 7th Circuit addressed this issue. In this case, a man in Wisconsin was accused of using an AI image generation tool to create thousands of sexually explicit images that allegedly depicted children. He was charged with producing, distributing, and possessing CSAM. However, he argued that the charges related to production and possession of child pornography should be dismissed because the images he created did not depict any actual children.

A judge dismissed the charges of CSAM possession, and the appeals court upheld this ruling, finding that a precedent set by the U.S. Supreme Court in a 1969 case allows people to possess obscene materials in their own homes. In addition, the Supreme Court ruled in 2002 that "virtual" CSAM that does not depict actual children is not considered to be child pornography. Based on the current understanding of the law, the court found that the man should not have been charged with the possession of CSAM.

While this ruling may allow some of the charges against the man to be dismissed, he is still facing charges related to the production and distribution of CSAM. His use of AI tools to create sexually explicit images of children may qualify as CSAM production. He has also been charged with distributing these materials to others. While the possession of "virtual" CSAM may not technically be illegal under this ruling, questions about how a person came into possession of child pornography, how the materials were created, and whether materials were taken outside of a person’s home may also be considered when determining whether child pornography charges may apply.

One important issue to consider in cases involving child pornography created using AI is whether materials depict actual children. Some people may use AI tools to manipulate photos or videos of actual children and make it appear as if the children are engaging in sexually explicit behavior. Courts have ruled that these types of materials may be classified as CSAM, because even though children were not directly involved in their creation, they may still suffer harm when people view or share these materials.

Contact Our Hartford CSAM Defense Lawyers

As courts address issues related to child pornography, the laws may change, and people may face criminal charges based on accusations of creating CSAM, sharing or distributing CSAM, or possessing images and videos. People who have been accused of these offenses will need to make sure they have legal representation from a lawyer who understands the laws that apply in these cases and who can develop a successful defense strategy. At Woolf & Ross Law Firm, LLC, our Connecticut child pornography defense attorneys can provide the legal help needed in serious sex crime cases. Contact us at 860-290-8690 to arrange a free consultation.