It’s no secret that artificial intelligence is changing the world. AI is also changing how the law views digital content. From auto-generated art to deepfake videos, AI can now create things that look incredibly real, including images that cross serious legal lines – especially when AI is used to create or manipulate sexually explicit images involving minors.
Even if there’s no real child involved—just a digitally generated or manipulated image—you can still face serious criminal charges related to child pornography. And as a recent case in Houston shows, law enforcement is already aggressively enforcing these new laws. This is not a futuristic legal theory—it’s happening now.
AI-Generated Child Porn Is Illegal in Texas
In 2023, Texas passed House Bill 2700 to expand the scope of existing child pornography laws to include artificially generated or manipulated images.
The bill was signed into law on June 12, 2023, and became effective on September 1, 2023. Under the amended statute, it is now a criminal offense to knowingly possess, produce, or distribute sexually explicit visual material that depicts a child, regardless of whether the image is a photograph of an actual minor or a digitally created or altered representation.
This means you don’t need a real child to commit a crime. If AI is used to create an image that appears to be a minor involved in sexual activity—or even digitally undresses them—you can still face criminal prosecution.
What’s Considered AI-Generated Child Pornography?
Under Texas law, AI-generated child porn includes:
- AI-generated images that depict minors in sexual conduct;
- Digitally altered images that simulate nudity or sexual activity involving minors;
- Deepfake videos or still images where the face or likeness of a child is inserted into sexual scenarios;
- Visual material that merely appears to involve a minor—even if the person depicted is an adult or wholly artificial.
These offenses are prosecuted under Chapter 43 of the Texas Penal Code, which prohibits the possession, promotion, and creation of child pornography and related visual material involving minors.
What Are the Penalties for AI Child Porn in Texas?
Possession or creation of AI-generated child pornography is treated similarly to traditional child porn offenses. Depending on the nature of the alleged conduct, charges may include:
- Possession of child pornography (Tex. Penal Code § 43.26): A third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine. In certain aggravating circumstances—such as possession with intent to distribute or involving multiple files—the offense may be enhanced to a second-degree felony (2 to 20 years in prison).
- Promotion or distribution of child pornography: Also a second-degree felony, which may carry harsher penalties if the material is disseminated online or across state lines.
- Creation or production of synthetic child sexual abuse material: This may be prosecuted under multiple provisions, including child pornography, obscenity, or exploitation statutes, especially if the material is shared or intended for dissemination.
Additionally, a conviction may lead to mandatory sex offender registration, which has lifelong implications for employment, housing, and personal freedoms.
Is AI Content Treated the Same as Real Child Porn?
In the eyes of the law, there is little distinction between real and computer-generated child pornography if the image depicts a person who appears to be underage in a sexual situation.
The law is particularly strict when it comes to:
- Deepfake images or videos of minors.
- AI-manipulated photos where clothing is removed, or sexual content is added.
- Depictions of “purported children,” even if the source model is an adult.
This legal shift aims to cut off new ways offenders might try to exploit minors or avoid detection by using AI instead of authentic images.
- Frequently Asked Questions About Child Porn Charges
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- How Age is Determined in Child Porn Cases
The Legal Ambiguities Around AI & Child Porn
Although the law is broad in its application, certain legal questions remain unsettled and could be relevant in future prosecutions:
What Constitutes “Knowing” Possession or Intent?
The statute requires a knowing mental state. If an individual unknowingly receives or views AI-generated content through automatic downloads, messaging apps, or unsolicited online content, intent and awareness become central to the defense. Similarly, inadvertent use of AI tools that produce inappropriate content—without a clear understanding of the outcome—may present a legal gray area.
Are AI Images That Don’t Depict Real People Still Illegal?
Yes, under HB 2700, even images that depict fictional or “purported” children may still trigger prosecution if the material “appears to be” of a minor engaged in sexual conduct. This raises constitutional concerns about overbreadth and potential conflicts with First Amendment protections, especially when there is no actual victim or direct exploitation.
What About Artistic or Parodic Content?
While Texas law makes little allowance for digital child porn content when the material is sexually explicit and depicts minors, defenses may be available in cases involving satire, parody, or accidental content creation. However, raising a successful defense often requires sophisticated legal arguments and expert testimony about the nature of the imagery and the defendant’s intent.
How Do AI Child Porn Cases Come to the Attention of Law Enforcement?
Law enforcement agencies increasingly rely on digital forensics, AI detection tools, and third-party reports to identify potential violations. Tech companies may flag suspicious files through automated systems or hash-matching technology. In other cases, individuals may be reported by others who access shared content or find explicit images on social media platforms, cloud storage, or personal devices.
Once flagged, investigators may secure warrants to search electronic devices and retrieve metadata that can establish intent, timing, and tools to create or alter images.
It is critical to understand that even single images—if determined to fall within the scope of the law—can lead to felony charges.
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Accused of AI Child Porn? Take The Allegations Seriously
The stakes are the same, whether the material in question involves a real person, a digitally altered photo, or a fully AI-generated image. These cases carry significant criminal penalties, potential sex offender registration, and long-term consequences for your reputation and future.
Far too often, individuals accused in these cases mistakenly believe they can explain themselves to law enforcement or that their lack of malicious intent will protect them. This is a serious error.
If you are under investigation or have been contacted by authorities, do not speak to police or consent to a search without legal representation.
Contact The Law Offices of Ned Barnett
Being investigated or charged with a serious crime—especially one involving AI-generated imagery and allegations of child pornography—can feel hopeless. But you are not alone, and no case is hopeless.
As a board-certified criminal defense attorney with over 30 years of experience, attorney Ned Barnett helps clients navigate some of the most serious and sexually charged cases in Texas, including allegations involving child pornography and digital exploitation. These cases require a nuanced understanding of both the law and the technology involved.
If you’ve been accused of possessing, creating, or distributing AI-generated child sexual abuse material, contact The Law Offices of Ned Barnett immediately. We’ll thoroughly assess the allegations, take the time to understand your side of the story, scrutinize the evidence, and help you develop a strategic defense. Call (713) 222-6767 today for a free and confidential consultation.