As artificial intelligence becomes more advanced, it also raises new legal and ethical challenges. One of the most pressing questions today is: Is AI-generated child pornography illegal in California? The short answer is yes. Both California state law and federal law now criminalize the creation, distribution, and possession of AI-generated child sexual abuse material (CSAM), regardless of whether a real child was involved in its production.
If you’re facing charges related to AI-generated CSAM, it’s critical to speak with a knowledgeable criminal defense attorney. At KN Law Firm in Glendale, California, we offer free consultations and serve clients throughout Los Angeles and Southern California. Call us today at (888) 950-0011.
What Is AI-Generated Child Pornography?
AI-generated child pornography refers to computer-generated images, videos, or deepfakes that depict minors engaging in sexually explicit conduct. These images can look extremely realistic—even if no real child was involved.
Because of how advanced AI technology has become, these materials can be indistinguishable from real photographs or videos. This has created legal complexities around whether such content should be treated the same as traditional child pornography under the law.
What Does California Law Say?
Effective January 1, 2025, California passed two key laws—Assembly Bill 1831 (AB 1831) and Senate Bill 1381 (SB 1381)—that explicitly criminalize AI-generated and digitally altered CSAM:
- AB 1831: Expands Penal Code Sections 311, 311.2, 311.11, and 311.12 to criminalize the creation, distribution, and possession of AI-generated sexual images of minors.
- SB 1381: Targets anyone who knowingly creates, exchanges, or distributes AI-generated images that depict minors in sexually explicit conduct.
These laws apply whether or not the minor is real or fictional and whether or not the imagery was made for profit.
Federal Law: No Loopholes
Federal law has long addressed this issue. Under 18 U.S. Code § 2256(8) and related statutes, child pornography includes any visual depiction of a minor engaged in sexually explicit conduct, including computer-generated images that are indistinguishable from real minors.
Federal laws prohibit:
- Producing, distributing, or possessing AI-generated CSAM
- Depictions that are obscene or lack serious literary, artistic, political, or scientific value
- Any use of the internet to share or view such material (considered interstate commerce)
In short, you can be prosecuted under both California and federal law for AI-generated child pornography.
Penalties for AI-Generated Child Pornography
Under California Law
- Possession (PC 311.11): Up to 1 year in county jail (misdemeanor) or 3 years in state prison (felony)
- Creation/Production (PC 311.2(b), 311.3, 311.4): 3 to 8 years in state prison and mandatory sex offender registration
- Distribution (PC 311.2): Felony charges with up to 6 years in prison
Under Federal Law
- Possession: Up to 10 years in federal prison
- Production/Distribution: 5–20 years, with harsher penalties for repeat offenders or egregious content
- Mandatory Sex Offender Registration
Potential Defenses
Every case is unique, and several defenses may apply depending on the facts:
- Lack of Knowledge or Intent: You didn’t knowingly possess or distribute CSAM.
- Mistaken Identity or Mislabeling: Files were mislabeled, or you were unaware of their contents.
- No Interstate Activity: If federal jurisdiction is claimed, we may argue your activity didn’t involve federal systems or cross state lines.
A skilled attorney can evaluate your situation and craft a tailored legal strategy.
Don’t Face These Charges Alone — Call KN Law Firm Today
Being accused of possessing or distributing AI-generated CSAM is serious and can permanently damage your life and reputation. Don’t risk facing these allegations without experienced legal counsel.
At KN Law Firm, our criminal defense attorneys understand both state and federal laws and are ready to fight for your rights. We serve Glendale, Los Angeles, and all Southern California cities.
Call (888) 950-0011 now for a free and confidential consultation.