Making AI Images of Real People Without Consent Can Lead to Criminal Charges
When an AI-made image of an adult leads to criminal charges
A recent news report described an arrest in which authorities said a person used AI to create nude images of two adults and posted them on social media next to the real names and photos of the people shown. The reported charges came from several categories of law, including laws on fake or “deceptive” images, invasion of privacy, and harassment. Anyone accused of a crime is presumed innocent unless proven guilty in court.
Attorney Ron Frey is not commenting on any particular case or person. This post explains, in general terms, when AI-made intimate images of adults, often called deepfakes, can lead to criminal charges, and why one set of posts can lead to more than one kind of charge. Our post on AI image generators and the law covers the broader landscape, and our page on AI-generated images and deepfakes explains how these investigations tend to unfold.
Don’t make or share images of real people without their consent
Attorney Ron Frey cautions against creating, altering, or sharing intimate or sexual images of any real person without that person’s consent, whether the image is real or made with AI. It can seriously harm the person shown, and it can lead to a criminal investigation, criminal charges, and civil lawsuits.
At the time of this writing, federal law and the laws of many states address intimate images that were created or altered with AI, even when no camera ever captured the scene. These laws are new, they differ from one jurisdiction to the next, and they keep changing. Depending on the jurisdiction and the circumstances, making an image, posting or sending it, threatening to post it, or asking someone else to make it may each raise legal problems, and a label saying an image is fake may not change that. When an image appears to show anyone under 18, very different and far more serious laws generally apply.
A single set of posts can also lead to more than one kind of charge. Our post on TAKE IT DOWN Act charges covers the federal side, and our pages on revenge porn and sexual cyberharassment and sextortion cover related charges.
This post is not a guide to what is or isn’t allowed. Please don’t rely on this post, the internet, or AI tools to decide whether something is legal. If you have questions about a specific situation, speak with an attorney.
How these investigations often start
These investigations often start when someone finds an image of themselves online and goes to the police, or when a platform reports an account. Investigators may then ask social media companies, AI services, and internet providers for account records, sign-in records, and IP addresses, and may seek a search warrant for a home, phone, or computer (see how police connect an online account to a person and how police get AI chats, images, and account records). Prompts typed into an AI tool can also become evidence (see AI chatbot prompts as evidence).
Every situation is evaluated case by case under current law, and each needs a tailored response. Laws change, and what applies depends on the facts, the state, and the court. Please don’t rely on what the internet or AI tools say about your specific situation.
Talk to an attorney first
If police or federal agents have contacted you about an image or a social media account, asked to search your phone or computer, asked for a passcode, or asked you to come in and talk, Attorney Ron Frey generally advises speaking with an attorney before answering questions or agreeing to a search. Whether a person may be required to provide a passcode or unlock a device by fingerprint or face depends on the circumstances, the jurisdiction, and any search warrant or court order involved, so that decision should be made with an attorney’s advice (see what to do if the police or FBI search your home). You have the right to remain silent. Every case is different, and contacting an attorney is a priority to get tailored advice.
Attorney Ron Frey of The Frey Law Firm, LLC has been practicing law for over two decades and represents people nationally in internet and computer crime investigations and charges. He is a conference speaker and published author.
Attorney Ron Frey Is Available for a Free Initial Confidential Consultation: Call or Text (844) 766-3739. In Florida, call (813) 775-2276. You can also reach the firm through the contact page.
Journalists covering AI-generated images and the law can reach Attorney Ron Frey through the Media Inquiries page.