Internet Crime Defense
We Defend Federal and State Charges.
AI-Generated Images and Deepfakes: What Happens in an Investigation
A school calls about pictures passed around a group chat. An online account is suddenly suspended with a vague notice about “policy violations.” Either of these can be the first sign of an investigation involving images generated or altered with artificial intelligence (AI).
Most of what people make with AI image tools is lawful. But sexual images, images that appear to involve minors, and fake intimate images of real people are being investigated and prosecuted in state and federal courts nationwide. This page, part of our AI Crimes section, explains how these cases tend to unfold.
Call or text (813) 775-2276. Rapid response, 24/7.
Key terms
- AI-generated image: a picture created by software from a text prompt or other input, with no camera involved.
- AI-altered image: a real photo changed with AI, for example by placing one person’s face on another body.
- Deepfake: a common name for realistic fake images, video, or audio of a real, recognizable person.
- Identifiable person: someone who can be recognized from the image or its context.
How do these investigations usually start?
- An online platform or AI company flags content it believes is illegal and reports the account, which can lead to law enforcement.
- Someone recognizes themselves, or a family member, in a fake image and goes to the police or a school.
- A school, employer, or parent finds images on a shared device or in a group chat.
- Investigators reviewing a device for another reason come across images, and a new investigation begins.
What does the evidence look like?
In an image case, the picture is only the starting point. Investigators typically look at the account used to make it, the prompts behind it, file metadata, where the file was stored, and whether it was sent or posted. Much of that comes from the AI company, a process our post on how police get AI chats, images, and account records explains.
As AI image tools grow more capable, and the conversation turns to superintelligence, one defense question comes up again and again: is this image what the government says it is? Was it generated, altered, or real? Who made it? The government’s forensic conclusions can be tested by an independent examiner. Attorney Frey wrote about why a file’s history matters in Questioning the “Biography” of a Digital File & Why It Matters.
Where does the law stand?
Federal law and a growing number of state laws address AI-made sexual images. Some laws on images involving minors can apply even when no real photograph was ever taken. The federal TAKE IT DOWN Act addresses publishing intimate images of real people without consent, including AI-made fakes, and many states have their own deepfake laws. Our post on AI image generators and the law covers the main concerns.
See also our pages on internet sex crimes and charges involving sexual images of minors. Florida readers: see our Florida site’s page on Florida AI crime laws.
If you’re the person in the image
Finding a fake sexual image of yourself online is upsetting. Federal law gives people a way to ask platforms to take down certain images, and some states offer more options. A confidential conversation can help you sort through them. We run a conflict check before any consultation.
“Pictures have always been able to mislead. With AI, the first question in a lot of cases is whether the image is what anyone says it is.”
Attorney Ron Frey
Frequently asked questions
Can a completely fake image lead to criminal charges?
It depends on what the image shows, where the case is, and other facts we’d need to discuss privately. Call or text (813) 775-2276.
Can investigators tell whether an image was made with AI?
Sometimes, and their conclusions can be questioned. What that means for you depends on facts we’d need to discuss privately. Call or text (813) 775-2276.
Does it matter whether the image was shared?
It can, depending on the law involved and on facts we’d need to discuss privately. Call or text (813) 775-2276.
Related pages
Questions About an AI Image Allegation? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about an allegation involving AI-generated or altered images, or about fake images someone made of you, or you have further questions, don’t hesitate to contact Attorney Ron Frey. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276. Rapid response, 24/7.
Toll-free: (844) 766-3739
Please read: This page shares general information about a new and fast-moving area of law. It isn’t legal advice and may not reflect the latest changes. AI laws change fast, differ from state to state, and may overlap with federal law, and how any of them applies turns on the specific facts and on court decisions. No attorney-client relationship is formed by reading this page or by calling, texting, or writing to The Frey Law Firm, LLC. Prior results do not guarantee a similar outcome. Start with a phone call. Page reviewed: October 8, 2026.