AI Deepfakes of Real People Are Prosecuted as Real Crimes
Some people assume that an AI deepfake is harmless because the image is “fake.” Prosecutors don’t see it that way. Creating or sharing sexual AI-generated images of real adults is often prosecuted, can violate a number of criminal laws, and can also lead to civil lawsuits. If you’ve been contacted by police or think you’re under investigation for AI deepfake charges, the first step is to call a lawyer.
A Recent Case Shows How Seriously Deepfakes Are Taken
In a recent case in Pennsylvania, a former state police officer was sentenced after using AI to create sexual images of about two dozen real women. Some of the source photos came from people he knew through work.
The images were made with software. The women in them were real, and so was the case against him.
Why AI Deepfake Charges Are Treated as Real Crimes
A deepfake uses a real person’s face or body without their consent. That is the harm the law focuses on. Depending on the facts, one image can bring several kinds of charges, and charges can be brought in state court, federal court, or both.
Creating an image and sharing it can be treated as separate acts. Using photos taken from work systems or private accounts can add more problems. AI-generated images involving minors are prosecuted very seriously.
For a closer look at how these cases work, see our page on AI-generated images and deepfakes.
How Investigators Look at Devices
In deepfake cases, investigators commonly seize phones, computers and storage drives and examine them with forensic tools. They may look at the apps used, the source photos, and when and where files were shared.
Many apps and platforms work with law enforcement and have their own teams devoted to user safety. Their reports and records can become part of an investigation.
Civil Lawsuits Can Follow Too
A criminal case isn’t the only risk. The people shown in a deepfake may file civil lawsuits seeking money damages. A person can face a criminal case and a civil case over the same images at the same time.
Don’t Rely on the Internet or AI for Answers
Search results and AI chatbots can’t tell you how the law applies to your situation, and what you type into them may not stay private. Please don’t rely on the internet or AI for answers about a possible criminal case. Every case is evaluated on its own facts.
Don’t try to explain things to investigators on your own before you’ve spoken with a lawyer. Being polite is fine. Asking for a lawyer is your right.
Talk to a Deepfake Criminal Charges Attorney First
Attorney Ron Frey of The Frey Law Firm, LLC has been practicing law for over two decades and defends people accused of internet crimes, including cases involving AI-generated images. He hears from people across the country. Attorney Ron Frey is licensed in Florida, Ohio and North Carolina, and if your case is somewhere else, he can talk with you about your options.
If you’ve been contacted by police, received a letter, or think you may be under investigation, call before you do anything else. Call (844) 766-3739 or (813) 775-2276 for a Free Initial Confidential Consultation.