Laws like these that encompass images produced without depictions of real minors might run counter to the Supreme Court’s Ashcroft v. Free Speech Coalition ruling. That case, New York v. Ferber, effectively allowed the federal government and all 50 states to criminalize traditional child sexual abuse material. But a subsequent case, Ashcroft v. Free Speech Coalition from 2002, might complicate efforts to criminalize AI-generated child sexual abuse material. In that case, the court struck down a law that prohibited computer-generated child pornography, effectively rendering it legal. “AI-generated child sexual abuse material causes horrific harm, not only to those who might see it but to those survivors who are repeatedly victimised every time images and videos of their abuse are mercilessly exploited for the twisted enjoyment of predators online.” Child pornography is illegal in most countries (187 out of 195 countries are illegal), but there is substantial variation in definitions, categories, penalties, and interpretations of laws.

• Some adults may justify looking at CSAM by saying to themselves or others that they would never behave sexually with a child in person or that there is no “real” child being harmed.
• Lawmakers, meanwhile, are passing a flurry of legislation to ensure local prosecutors can bring charges under state laws for AI-generated “deepfakes” and other sexually explicit images of kids.
• What is clear is that we can become desensitized over time to certain images, and then begin to seek more and more edgy stuff.
• Our lines become more blurry, and it becomes too easy to start making excuses for behaviors that begin to cross legal and ethical lines.

Topic: child porn

A picture of a naked child may be considered illegal CSAM if it is sexually suggestive enough. Also, the age of consent for sexual behavior in each state does not matter; any sexually explicit image or video of a minor under 18 years old is illegal 2. Child sexual abuse material is a result of children being groomed, coerced, and exploited by their abusers, and is a form of child sexual abuse. But using the term ‘child pornography’ implies it is a sub-category of legally acceptable pornography, rather than a form of child abuse and a crime. In the legal field, child pornography is generally referred to as child sexual abuse material, or CSAM, because the term better reflects the abuse that is depicted in the images and videos and the resulting trauma to the children involved. In 1982, the Supreme Court ruled that child pornography is not protected under the First Amendment because safeguarding the physical and psychological well-being of a minor is a compelling government interest that justifies laws that prohibit child sexual abuse material.

Saving children from sexual predators in the digital age

We were also able to set up an account for an underage creator, by using a 26-year-old’s identification, showing how the site’s age-verification process could be cheated. In return for hosting the material, OnlyFans takes a 20% share of all payments. OnlyFans says its age verification systems go over and above regulatory requirements. Under-18s have used fake identification to set up accounts, and police say a 14-year-old used a grandmother’s passport.

The government’s interest in protecting the physical and psychological well-being of children, the court found, was not implicated when such obscene material is computer generated. “Virtual child pornography is not ‘intrinsically related’ to the sexual abuse of children,” the court wrote. Many individuals who meet the criteria for the psychiatric diagnosis of pedophilia (having feelings of sexual attraction to young children, typically those 11 and under) do not sexually abuse a child. There are many people who have sexual thoughts and feelings about children who are able to manage their behaviors, often with help and support. Additionally, not every person who has sexual thoughts about children will fit the criteria for pedophilia, and there are also many people who have sexually abused children who do not identify an attraction to children or carry a diagnosis of pedophilia. There are many reasons why someone would sexually harm a child, and children are kept safer when we are informed about what increases risk in their relationships and environment.

Many of these images are taken at home in children’s bedrooms or in family bathrooms when the child is alone or with another child such as a child porn sibling or friend. The laws in each state vary, but in some cases children can be charged criminally for sexual behaviors with other children. Depending on the severity of the activity, the behavior could fall under the legal definitions of abuse and a child could be charged. If you are uncertain about whether the sexual behavior could be considered criminal, learn the statutes by consulting your Attorney General’s office or get a sex-specific evaluation from a specialist.