As AI-powered applications have become commonplace, so has the potential for their abuse.

One such method of abuse is the creation of child pornography.

AI-generated child pornography is illegal in the State of California under a pair of new measures that went into effect on January 1, 2025. Additionally, the U.S. Justice Department has asserted that AI-generated child pornography is already illegal under federal law.

This guide provides an overview of the current legal framework surrounding AI-generated child pornography, including the recent updates to California law.

This is a rapidly evolving subject, so while we do our best to keep this page current and accurate, there is always the potential that the information you read below might become out of date. This page was last updated on January 23, 2025.

With that in mind, if you have a specific situation or case that you need immediate help with, it is best to speak directly with a skilled criminal defense lawyer. They can give you the most up-to-date information for your situation.

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AI-generated child pornography and the law

Child pornography laws have historically focused on material created using real children, but recent advancements in AI have created a new category of content.

Recognizing a gap in existing laws, California enacted two new measures that went into effect on January 1, 2025, explicitly criminalizing AI-generated child pornography.

These laws — Assembly Bill 1831 (AB 1831) and Senate Bill 1381 (SB 1381) — expand the definition of child pornography under California law to include digitally altered and AI-generated content.

These measures criminalize the creation, distribution and possession of child sexual abuse material (CSAM) generated or altered by artificial intelligence (AI), regardless of whether the depicted individual is real or fictitious. This means that even if the image does not involve a real person, it is still illegal.

Key provisions of the new laws

Assembly Bill 1831

This legislation amended Sections 311, 311.2, 311.11, and 311.12 of the California Penal Code to include AI-generated and digitally altered material under the definition of obscene matter.

Specifically, it criminalizes the production, distribution, and possession of any material that depicts a person under 18 years of age engaging in or simulating sexual conduct, even if the depiction is artificially generated or digitally altered.

Senate Bill 1381

Complementing AB 1831, SB 1381 amended Sections 311.1, 311.3, 311.4, and 312.3 of the Penal Code to further address the sexual exploitation of children through AI-generated content. It specifically targets individuals who knowingly develop, duplicate, print, or exchange any representation of information, data or image — including those generated or altered by AI — that depicts a person under 18 years of age engaged in sexual conduct.

These laws aim to close loopholes in California’s child pornography statutes and ensure that individuals using advanced technology to exploit minors can be held accountable.

Penalties for creating or distributing AI-generated child pornography

California Penal Code 311 governs the possession, distribution, and creation of obscene material involving minors, including child pornography.

With the passage of Assembly Bill 1831 and Senate Bill 1381, the law extends to include AI-generated and digitally altered material.

Possessing, creating or distributing child pornography can carry significant legal consequences depending on the specific offense and the individual’s prior criminal record.

Possession of child pornography – Penal Code 311.11

Knowingly possessing or controlling images or videos depicting minors engaged in or simulating sexual conduct.

Penalties

First offense:
- Charged as a misdemeanor or a felony depending on the circumstances.
- Misdemeanor penalties:
  - Up to 1 year in county jail.
  - Fines up to $2,500.
- Felony penalties:
  - 16 months, 2 years, or 3 years in state prison.
  - Fines up to $10,000.
Subsequent offenses or aggravating factors:
- Typically charged as a felony.
- Increased prison sentences, with the possibility of additional enhancements.

Aggravating factors
Possessing large quantities of material or images of particularly egregious content can lead to harsher sentences.

Creation of child pornography – Penal Code 311.2(b), 311.3 and 311.4

Creating, producing or using AI tools to generate sexually explicit material involving minors. This includes both commercial production and noncommercial distribution of such material.

Penalties

Always charged as a felony.
Prison sentences ranging from 3 to 8 years, depending on the severity of the case.
Fines up to $10,000.
Mandatory registration as a sex offender under Penal Code 290, imposing strict restrictions on residency, employment, and internet use.

Aggravating factors

Involvement of real minors as models or source material.
Creating or producing material for profit or mass distribution.

Distribution or sale of child pornography – Penal Code 311.2

Distributing, selling, or exhibiting material depicting minors in sexually explicit conduct, whether through physical media or digital platforms.

Penalties

Felony charges:
- 2 to 6 years in state prison.
- Fines up to $100,000 for large-scale distribution or commercial sales.
Enhanced penalties for using the internet or digital platforms to distribute material, as this is considered a method of interstate or international trafficking.

Federal implications for child pornography offenses

Many cases involving child pornography fall under federal jurisdiction due to the internet’s role in distributing content.

The Justice Department has asserted that AI-generated child pornography is already illegal under existing law, and it has signaled that it is working to aggressively pursue such cases.

Federal penalties for child pornography offenses are often harsher, including:

Mandatory minimum sentences of 5 years for distribution.
Up to 20 years in federal prison for production.
Fines exceeding $250,000.

Additional consequences

Sex Offender Registration
- Violations of PC 311 often require mandatory registration under Penal Code § 290, which imposes lifelong restrictions on where you can live, work, and travel.
- Registration as a sex offender can also limit access to certain technologies and require regular monitoring by law enforcement.
Civil Penalties
- Victims depicted in child pornography (including AI-generated material) may sue offenders for damages in civil court, resulting in substantial financial liability.
Professional and Personal Repercussions
- Loss of professional licenses or employment opportunities.
- Permanent damage to reputation and relationships.

Aggravating factors for sentencing

The severity of penalties under PC 311 can be influenced by aggravating factors, including:

Volume of material – Large collections of images or videos can lead to enhanced sentences.
Nature of content – Material involving very young children or violent/abusive depictions often results in harsher penalties.
Repeat offenses – Prior convictions for similar crimes significantly increase sentencing severity.
Commercial intent – Selling or profiting from the material exacerbates the offense.

What to do if you face accusations

If you have been accused of creating, distributing or possessing AI-generated child pornography, it’s critical to act quickly.

The legal and reputational consequences of these charges are serious, and an experienced criminal defense attorney can help you navigate the complexities of the law.

Attorney Robert M. Helfend has more than 40 years of experience defending clients against complex criminal charges in California, including internet crimes and child pornography cases. His knowledge of state and federal law, combined with his commitment to protecting clients’ rights, makes him a trusted advocate in high-stakes cases.

Don’t leave your future to chance. Contact the Helfend Law Group today at 800-834-6434 for a confidential consultation.

Published January 23, 2025.