A.I. creation of child sexual abuse materials: A review of the current legal landscape

In recent years, the use of artificial intelligence (A.I.) to create sexually explicit images and videos depicting children has increased alongside the rapid development of generative technologies. These materials raise complex legal questions because they may be produced without directly depicting an actual child while still resembling child sexual abuse materials (CSAM). In this commentary, we review the current legal landscape surrounding A.I.-generated CSAM by examining relevant Supreme Court jurisprudence, federal guidance, and recent federal prosecutions involving A.I.-generated imagery. We also conduct a review of enacted and pending legislation across all fifty states and Washington D.C. to identify how jurisdictions have responded to the emergence of A.I.-generated CSAM laws to include artificially generated or computer-generated depictions. We further discuss the continuing influences of Ashcroft v. Free Speech Coalition (2002) on contemporary legal debates and the challenges posed by emerging A.I. technologies for prosecutors, policymakers, and courts. Overall, the findings illustrate an evolving and fragmented legal framework for addressing A.I.-generated CSAM in the United States.