As artificial intelligence continues to advance, new legal challenges are emerging, particularly around AI-generated pornography. This technology has opened a complex and uncharted frontier in criminal law, raising difficult questions about what is legal and what crosses the line.
If you are facing charges related to AI-generated pornography, the Law Offices of Christopher J. Cherella specializes in navigating these cutting-edge cases, providing experienced guidance to protect your rights, and building a strong defense in this rapidly changing legal environment.
Understanding AI-Generated Pornography and Deepfakes
AI-generated pornography (also known as deepfake pornography) involves using artificial intelligence to create convincingly realistic—but entirely fabricated—sexual images or videos. Unlike traditional pornography, which always involves real participants, deepfakes can superimpose a person’s likeness onto another body or create new, fictional people altogether.
Key distinctions include:
- Creation Method: AI algorithms produce deepfakes; traditional content involves real actors on camera.
- Consent: Deepfakes often use someone’s image without permission, raising unique legal and ethical issues.
- Use and Distribution: The intent—such as profit, harassment, or blackmail—may aggravate charges.
- Evidence: Metadata and digital fingerprints differ from those found in real recordings.
Courts and lawmakers are still determining how to address these distinctions. How the material was made, the degree of realism, and whether subjects consented may all affect the nature and severity of a possible criminal charge.
Wisconsin’s Updated Child Pornography Statutes
In 2024, Wisconsin updated its child pornography laws with the passage of 2023 Wisconsin Act 224, which expanded the definition of illegal content to include "virtual child pornography." This includes AI-generated images or videos that depict minors in sexually explicit conduct, even when no real child was involved in their creation.
Under Wisconsin Statutes § 948.12, producing, possessing, or distributing this kind of material is now a Class D felony, carrying up to 25 years in prison and significant fines. While the statute does not impose a mandatory minimum sentence like traditional child pornography laws, the penalties remain severe and reflect the state’s increasing concern about the dangers of AI-generated content.
First AI-Pornography Case in Wisconsin Courts
Wisconsin's first major prosecution under this updated law involved a 20-year-old man from Fond du Lac County who was charged with multiple counts of possession of virtual child pornography. Authorities alleged that he had downloaded thousands of AI-generated images, treating the material as criminally equivalent to child pornography. The case marks a turning point in how prosecutors and courts approach AI-generated pornography, setting a precedent that such content, regardless of whether it involves real individuals, can still lead to significant criminal charges. Other cases, including federal prosecutions in the state, further highlight how both state and federal courts are adapting quickly to address the rise of AI in this sensitive and highly regulated area of law.
How Child Pornography and AI Deepfake Charges Differ
As AI-generated content becomes more realistic and accessible, Wisconsin courts are beginning to treat virtual child pornography with nearly the same level of seriousness as child pornography offenses.
However, there are some key differences in how these cases are charged and sentenced. While both involve severe penalties, AI-generated pornography does not currently carry the mandatory minimum sentences that come with possessing or distributing images involving real children.
This creates slightly more room for negotiation in sentencing, but prosecutors are still aggressively pursuing these cases.
Classification and Penalties
Under Wisconsin law, AI-generated child pornography falls under a specific classification:
- Class D felony under § 948.12(3m) for possession, production, or distribution
- Up to 25 years in prison
- Fines up to $100,000
- No mandatory minimum sentence, unlike traditional CSAM offenses
- Potential sex offender registration, depending on the charges
Defending Against AI-Generated Pornography Charges
Defending against AI pornography charges presents complex challenges, especially as technology advances. Prosecutors may argue that the content fuels similar harms as real child pornography, even in the absence of an actual victim.
At the same time, criminal defense attorneys must navigate uncharted legal ground, challenging the technology, the interpretation of the law, and the prosecution’s burden to prove criminal intent. The rapidly evolving legal landscape demands a strategic and informed approach to ensure defendants are not unfairly punished under ambiguous or broad statutes.
What To Do If You’re Accused of an AI Cyber Crime in Wisconsin
If you’ve been accused of possessing, producing, or distributing AI-generated pornography in Wisconsin, it’s critical to act quickly and secure an experienced cyber crimes attorney. A skilled defense team can evaluate the unique facts of your case, challenge the evidence, and ensure your rights are fully protected. Depending on the circumstances, your attorney may use several strategies to fight the charges, including:
- Challenging whether the images meet the legal definition of pornography
- Arguing a lack of intent or knowledge of the material’s content
- Questioning the authenticity and source of the AI-generated content
- Highlighting the absence of a real victim
- Asserting constitutional concerns over freedom of expression or due process
Navigating these charges requires more than just sex crime defense; it demands an understanding of digital forensics, AI technology, and emerging case law. Working with an attorney who understands this new frontier could result in reduced or even dismissed charge as opposed to a long prison sentence. With your future and reputation at stake, choosing the right legal team is essential.
Why Contact the Law Offices of Christopher J. Cherella?
AI-generated pornography charges are not only serious, they are setting the stage for how these cases will be handled in Wisconsin moving forward. Because the laws are so new, every case helps shape how courts, prosecutors, and juries interpret this emerging area of criminal law.
If you're facing these types of charges, you’re not just fighting for your future; you’re becoming part of the legal precedent that will impact how others are treated down the line. That’s why it’s important to have a criminal defense team that understands both the high stakes and the evolving legal landscape.
At the Law Offices of Christopher J. Cherella, we are prepared to confront these challenges head-on, with strategic, informed, and aggressive advocacy. If you’re being investigated or charged with possessing, producing, or distributing AI-generated pornography, don’t face it alone. Contact us today to protect your future.
