AI-Generated Child Pornography
January 8, 2026 | Nafiz M. Ahmed
Artificial intelligence can now create images and videos that look virtually identical to real life. While this technology has many uses, it can also lead to serious legal problems. For example, under California law, AI-generated child pornography is illegal, and it doesn’t matter whether a real child was involved.
These sex crime charges are serious and can carry the same penalties as other child exploitation offenses. If you are being investigated for this type of offense, you need to know how California law works and what defenses may be available to you.
What Does the Law Say About AI-Generated Child Pornography?
Per California Penal Code § 311 and related statutes, it is a crime to create, distribute, or possess any image or video depicting a person under 18 engaged in sexual conduct. California law expressly includes images created or altered using artificial intelligence or other digital technology when a real minor is involved or depicted.
Federal law under 18 U.S.C. § 2256 uses broader language. It makes it illegal to create or possess images depicting minors in sexual situations, including certain “computer-generated” images that are indistinguishable from real children or are otherwise prohibited under federal law.
Because both state and federal laws may apply, a person accused of offenses involving child sexual abuse material can face charges in state court, federal court, or both.
Why AI-Generated Images Are Still Illegal
Some people assume AI-created images are harmless because no actual child was harmed. However, prosecutors in California argue that AI-generated sexual images can still be illegal, particularly when they involve or are based on real minors, or when the material otherwise violates state or federal law.
Authorities point to several concerns, including that this type of content:
- Encourages the sexualization of minors
- Can be used to groom and exploit real children
- Looks so realistic that it’s hard to tell what is real and what isn’t
For these reasons, AI-generated child sexual abuse material may be treated similarly to traditional child pornography under California law when a real minor is involved, and may also trigger liability under federal law in certain circumstances.
What Are the Possible Penalties for Child Pornography Charges in California?
The penalties for AI-generated child pornography depend on exactly what the defendant is accused of doing, among other factors, such as whether they have a prior criminal history.
As just a few broad examples, however, the penalties might look like the following:
- Possessing illegal material under Penal Code § 311.11 could lead to up to one year in county jail or up to three years in state prison
- Creating/producing under Penal Code § 311.1 could bring up to three years in prison
- Distributing/selling under Penal Code § 311.2 could carry up to six years in prison
Many of these offenses are considered “wobblers,” meaning that they can be assessed as either a misdemeanor or a felony. As a result, the penalties can vary substantially.
What Kinds of Legal Defenses Can I Raise in Response to These Charges?
This is a new area of law that is quickly evolving, and these cases often depend on how evidence was gathered and what the person knew. Possible defenses include:
- The images are clearly digital and do not depict real minors
- The defendant did not know the material was stored on their device
- Someone else had access to the device in question
- Police performed an unlawful search and seizure
An experienced criminal defense attorney can work with digital experts to review the available evidence and challenge the prosecution’s claims. The burden of proof is “beyond a reasonable doubt” in these cases, which is a heavy standard to meet.
Contact a San Jose, California, Criminal Defense Lawyer for Help With Your Case
AI-generated child pornography cases are complex and fast-changing. Prosecutors often apply older laws to new technology, which can create confusion and unfair results for those charged with these crimes.
If you’ve been accused of an offense involving artificially-generated images of this nature, contact Ahmed & Sukaram, Criminal Defense Attorneys for legal help and to speak with a San Jose child pornography defense lawyer.
You may still be able to respond and receive a favorable outcome under the law.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500