AI Generated Indecent Images: New Laws Proposed
The ability to obtain indecent
images of children
is forever increasing, new technological advancements such as AI technology is providing a new approach to the possession, making and distribution of such material. Data provided by the Internet Watch Foundation shows a 380% rise in AI generated sexual abuse material between 2023 and 2024, with 10% of this being category A images. As of yet, there is no specific laws in place to tackle AI created images, the government intend to address this, and enact particular laws aimed at the software used to generate AI indecent images of children.
What are AI Generated Indecent Images?
AI generated indecent images of children involve images that are either partly or completely computer generated. The software used to generate the images can "nudify" real images, meaning the clothing on a person can be removed, and the faces of one child can be replaced with another, creating a realistic naked image of a child.
AI generated indecent moving images or videos can also use the real-life voices of children, either taken from real life sexual abuse videos or newly recorded to make the images or videos even more realistic to the person watching.
The Current Law on Indecent Images of Children
The laws in place at present prohibit the possession, making, and distribution of indecent images of children come under section 1 of the Protection of Children Act 1978, and the Criminal Justice Act 1988. A child is regarded as any person under the age of 18 years old, where the age of a child is in dispute then it is a finding of fact to be left to a jury.
There are three categories of indecent images of children; A, B and C. Category A is the most severe and concerns image that show penetrative sexual activity with a child.
Sentencing ranges depending on the nature of the offence, the category of the images and other aggravating features that apply to the specifics of the case. You can read more about the sentencing for indecent image offences here.
Law enforcement are currently relying on the laws in place to prosecute suspects who are involved in AI sexual abuse images of children, but further laws are being suggested to make it illegal to possess, create or distribute AI tools which are designed to create child sexual abuse material, possession of AI paedophile manuals, and more power given to border force where individuals are coming into the UK who are suspected to pose a sexual risk to children.
Proposed New Laws
The Home Office has suggested that it will be the first country in the world to make it illegal to specifically possess, create or distribute AI tools designed to create indecent images of children, with the punishment being up to five years in prison. These laws will also extend to the possession of AI paedophile manuals which aim to teach people how to use AI to enable the sexual abuse of children.
Other laws aimed to be put in place include making it an offence to run websites where paedophiles can share child sexual abuse content or provide advice on how to groom children. This offence would be punishable with up to 10 years in prison.
It has also been suggested that border force will be given powers to instruct individuals who arrive in the country, who they suspect of posing a sexual risk to children to unlock their digital devices for inspection.
What Does This Mean For Those Accused Of Indecent Image Offences?
The new laws do not seek to amend the existing laws which prohibit the possession, making and or distribution of indecent image of children. What the government seem to be suggesting is that AI software must be completely illegal when the purpose of it is to create or encourage the sexual abuse of children. Therefore it is where the software is detected on a device, the accused falls open to being charged with further offences.
How Will This be Policed
The announcement of the proposed introduction of the new laws is relatively new, and I am sure that further work on how this would be policed and prosecuted will be carried out. With any new law there needs to be careful consideration as to how this would implemented in practice, taking into consideration the already back logged forensic system within the police, there will be a need for a huge investment to be made in this specific area as people accused of image offences can already be waiting 1-2 years for examinations to be complete before their case is no further actioned or sent to the Crown Prosecution Service (CPS) for charging decisions.
Another key consideration is whether law enforcement have the ability and man power to move as quickly as those creating AI tools.
Accused of an Indecent Image Offence - What Should I do?
The first step is to seek legal advice preferably from lawyer who specialises in defending child sexual abuse
cases. Indecent image cases can be complex and require detailed forensic analysis to check the reliability and accuracy of the evidence. Our team apply a very thorough approach to
indecent image investigations,
and prosecution evidence and will aim to scrutinise every aspect of the case against you from the seizure of your devices, the handling of those and the data extracted.
If you, a family member or friend has been accused of the involvement of an indecent image offence you can request a free initial discussion
with our team who will provide you with honest and compassionate legal advice.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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