At the rate that AI, or artificial intelligence, is growing, you may be wondering what would happen if the technology was used to create sexual images that would be illegal if they were real.
Though each case is different with varied circumstances, an arrest in North Carolina recently showed that a person can be charged for making or having images of sex abuse created by means of AI technology—notably when the subjects were children or minors.
Charlotte child psychiatrist sentenced to prison for child sex crimes
Citing the U.S. Department of Justice (DOJ), People magazine reported that a Charlotte, North Carolina, child psychiatrist was sentenced to 40 years in prison on November 15, 2023, after he’d been found guilty at a trial in May of charges related to child sex abuse images and videos.
David Tatum, 41, was found guilty of using AI to create explicit images of children in sexual acts, according to the Justice Department.
The 3 federal charges against him were for possession, production and transportation of child pornography. Evidence at trial indicated that possession of the pornographic materials occurred between 2016 and 2021.
In a statement, the Justice Department said trial evidence showed that the man also made “surreptitious recordings of others.” One such recording was reportedly of a patient who’d turned 18 less than one week earlier and, thus, was not legally a minor at the time.
The man’s defense attorney claimed that “there was no evidence in the case of any photograph or recording of any kind taken of a minor patient.” (North Carolina law holds that a person 18 years old or older is not a minor.)
The DOJ countered that the man had used an artificial intelligence application to manipulate photos of minors in order to show them in compromised conditions. One photo that was modified was taken at a school dance, and another was taken during a child’s first day at school.
Court documents reviewed by People magazine also showed that the man, during a vacation in Maine, installed a hidden camera in a bathroom to capture images of a girl, 15, “in a manner that would capture her nude.”
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Tip led to arrest, charges of sexual abuse
Lia Bantavani, a spokesperson for the U.S. Attorney’s Office in the Western District of North Carolina, told People that federal authorities became aware that the man possessed child sexual abuse images after receiving a tip.
After the 40-year sentence imposed this month, the man will be on supervised release, or probation, for 30 years, the DOJ said in a statement. He must also pay restitution of an amount yet to be determined, as well as a fee of $99,000.
Bantavani cautioned the public to be careful about the content they post on the internet, especially now that AI technology has become more prevalent and accessible.
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Do sex crimes involving children have worse punishments?
Under federal law and many state laws, sex crimes involving children tend to have far worse punishments than if the crimes involved only adults.
In Texas, aggravated sexual assault of a child is a first-degree felony, and a conviction on that charge can result in a prison sentence of 5 to 99 years and a fine of as much as $10,000.
The minimum sentence of 5 years can be even harsher if the child involved was younger than 14 years old. In such cases, Texas law holds that the minimum prison sentence is 25 years, not the 5 years it would be for, say, a 15-year-old.
Texas laws also provide severe punishments for teachers who are convicted of having an improper relationship with a student.
Such a crime is a second-degree felony. Penalties upon conviction can include a prison sentence of at least 2 years and as many as 20 years, along with a fine of as much as $10,000. After release from prison, registering as a sex offender is also required.
Punishments when “sexting” involves a minor
Under Texas sex crime laws, even “sexting,” or electronically transmitting sexual images, can bring severe punishments—especially if the sexting involves a child who’s a minor. An adult who is more than 2 years older than the sender or recipient of sexual images can face a charge of illegal sexting, which is a felony.
Persons who face a charge of illegal sexting can also face related charges, such as:
- Promoting sexual performance by a minor
- Distributing or possessing child pornography
- Distributing sexual images to a minor
Punishments for online solicitation of a minor
Online solicitation of a minor is also a serious sex crime in Texas. In fact, it’s a second-degree felony to use the internet or social media to invite or solicit a minor to meet with the intent that the minor will then engage in sexual behavior.
Even if a defendant never encountered a minor in person—which often occurs when they’re arrested in a sting operation where lawmen posed as minors online—the charge remains the same. In these cases, online solicitation of a minor occurred even if the person being solicited was not a minor but was believed to be a minor.
Such a crime is a third-degree felony in Texas. Penalties can include a sentence of 2 to 10 years in a state prison and a fine of up to $10,000. Those who are convicted must also register as sex offenders upon release from prison.
What if I’m innocent of a sex crime charge?
Perhaps you face a sex crime claim, accusation or charge involving children in Texas, yet you believe you are innocent of the offense. By all means, you must seek a knowledgeable and experienced sex crime defense lawyer or attorney to fight for your legal rights and ensure that you have your day in court.
Even better, a skilled sex crime defense lawyer may be able to negotiate with prosecutors to reduce or even dismiss a charge with no need to have a trial.
Reducing a charge in this way can be part of what’s known as a plea bargain agreement, in which the defendant agrees to plead guilty but only to a lesser charge with lesser punishments.
Whatever the case, you must make sure that you get the best Texas defense lawyer you can find to handle a sex crime case, especially when the alleged crime involves children or minors.
