If a high school kid makes an AI fake nude of a female classmate, can they be arrested for child porn and have a permanent record?

I just read 2 stories in a row in one of my news feeds about pockets of this happening throughout the USA and one is middle school aged.

Is there a line to be drawn or should all fake nudes of anyone under 18 face legal penalties no matter the age of the person doing it?

I have a daughter that is 27 now and if this happened to her I would be doing everything I could to hold the person making the fakes accountable.

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    6 months ago

    Fake nudes of real people are generally illegal, regardless of if the nude is real, or photoshopped, or AI generated.

    People have been arrested and convicted for AI porn of real people.

    For now convictions seem to be confined to people who have already created/used more traditional CSAM (hidden cameras). This could just be because it is hard to catch someone simply generating images, so if someone with no record would be jailed for just fake nudes remains an open question. Fake nudes of fictional people are also very much an open question. Being very new technology, new laws have yet to be made, so feel free to write to lawmakers about where the line should be.