Advances in technology have changed nearly every aspect of our lives and the law is working hard to keep up. One of the newest and most controversial areas involves the use of artificial intelligence (AI) to create or manipulate images. In Fort Collins and Larimer County, Colorado, AI-generated or “deepfake” sexual images of minors can fall under serious criminal laws related to Sexual Exploitation of a Child, even if no real child was ever involved. In many cases, they are being considered CSAM (Child Sexual Abuse Material).
If you’ve been accused of a crime involving AI-generated material, understanding how Colorado law treats these cases is critical.
Fort Collins Sexual Exploitation of a Child Attorney: What Is “Sexual Exploitation of a Child” in Colorado?
Under Colorado Revised Statute § 18-6-403, Sexual Exploitation of a Child generally refers to:
Knowingly possessing, producing, or distributing sexually exploitative material involving a child under 18 years old.
This includes photos, videos, digital files, or any other visual depiction of a child engaged in explicit sexual conduct.
The law also covers digitally created or altered images, even if no actual child was used, as long as the image appears to depict a real minor in a sexually explicit situation.
How AI and “Deepfake” Images Fit into the Law: Are AI Images Considered CSAM in Timnath?
AI tools can now generate hyper-realistic images and videos, sometimes referred to as deepfakes. While these technologies have legitimate uses, they also raise serious legal issues when used to create explicit or sexualized images involving minors.
Colorado’s Sexual Exploitation of a Child statute specifically includes:
- Computer-generated or digitally altered depictions that appear to show minors engaged in sexual acts
- Possession or sharing of AI-created images or videos that resemble child pornography
- Using AI to create, modify, or enhance explicit content that appears to involve a child
These cases are complex. Blending criminal law, digital forensics, and constitutional questions about intent, free expression, and the definition of “exploitation.”
Penalties for Sexual Exploitation of a Child: A Loveland Criminal Defense Attorney Explains
The penalties for these offenses are severe and depend on the conduct alleged:
- Possession of child exploitative material (CSAM): Usually a class 5 felony, punishable by 1–3 years in prison and fines up to $100,000.
- Production or distribution: Usually a class 3 felony, punishable by 4–12 years in prison and fines up to $750,000.
- Repeat offenses or aggravating circumstances (such as prior convictions or involving multiple files or videos): may increase penalties substantially.
A conviction also requires mandatory sex offender registration, potentially for life, and can severely impact employment, housing, and reputation.
If you or someone you love has been charged with Sexual Exploitation of a Child, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Image by Anna Sulencka from Pixabay