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Last Modified on Dec 22, 2025
With the advancement of artificial intelligence, new legal issues are emerging across the country. AI-Generated (Virtual) CSAM charges in Virginia represent a complex and misunderstood field within criminal law. Already without real children being involved, Virginia prosecutors and federal agencies are becoming increasingly aggressive with criminal treatment of AI-generated explicit material.
With legal developments, people can be seriously prosecuted for creating, viewing, or distributing images that appear to be minors, even if they were fully computer-generated.
About Johnson/Citronberg
Johnson/Citronberg is a nationally known criminal defense law firm, with clients in state and federal courts across the country. Based in Alexandria, Virginia, near the Alexandria Circuit Court, the firm works in defending individuals against difficult electronic crimes as well as cyber and sex-related charges. The firm’s attorneys have decades of experience in high-stakes investigations from start to finish, including trial, appeal, and post-conviction.
What Counts as AI-Generated or CSAM?
CSAM stands for child sexual abuse material. CSAM generated by AI images shows minors participating in sexual acts through pictures and videos created with artificial intelligence tools, such as diffusion models, image generators, deepfakes, and advanced editing software.
Files may include:
- Fictional characters
- Realistic images of minors
- Deepfake photos that are made to appear as if they are of real children
- AI tools that make adults look like children through age regression techniques
Although these files do not depict a real child, the use of the appearance of a minor is usually sufficient to garner the interest of law enforcement. Virginia and federal prosecutors have also argued that these types of virtual depictions can still drive demand for real CSAM or can normalize abusive behavior.
How Virginia Sex Crime Laws Handle CSAM
Virginia prosecutes AI or virtual CSAM similarly to actual images of real children. Virginia Code 18.2-374.1:1 makes it a crime to knowingly create, possess, distribute, or promote the distribution of any matter that visually represents a minor involved in sexual activity, even if the minor was a wholly computer-generated construct.
Instead, the offense requires only that the image be of sexual content and appear to depict a minor, even if no actual child was involved in the production of the material. Prosecutors claim that virtual CSAM also perpetuates demand for exploitation and normalizes predatory behavior against children, which is why they charge them and subject offenders to the same sex crime penalties as for traditional child pornography offenses.
Possession or creation of AI-generated content can lead to felony charges, mandatory prison time, and registration on the sex offender registry. This also brings about extended employment and housing limitations for individuals, even without any actual child being involved or harmed. Reported child-exploitation offenses in Virginia increased from 224 in 2012 to 808 in 2021, which marked a 261% increase
How Federal Laws Come Into Play
The federal legislation 18 U.S.C. 2252A prohibits all visual representations of minors, including computer-simulated or artificially produced imagery, according to prosecutors. Charges for AI-generated CSAM typically land in federal court if:
- Files were transmitted or distributed online
- Cloud services were used
- Platforms submitted voluntary reports to NCMEC
- The imagery crossed state or international lines
Federal consequences may carry mandatory minimum prison sentences, decades of supervised release, and lifetime sex-offender registration. Because many AI investigations are initiated by federal agencies, defendants may face exposure at both the state and federal levels.
Hire a Sex Crime Lawyer
If you have been accused of possessing or creating AI-generated/virtual CSAM, the single most important step you can take is to hire a dedicated sex crime lawyer who is familiar with both state and federal prosecutions. These investigations and prosecutions are technical, complicated, and aggressively handled by the government. Errors made early on can have a serious impact on the final result of your case.
An experienced sex crime attorney can review the digital evidence, investigate the manner in which the evidence was collected, and then develop a strategy to defend you against the charges. The right legal advocate becomes essential when both your reputation and freedom depend on your defense.
FAQs
Can Someone in Virginia Be Charged With a Crime for Possessing or Creating AI-Generated Child Sexual Abuse Material (CSAM)?
Yes, under Virginia law, prosecutors have the authority to charge individuals who create, possess, or distribute AI-generated CSAM because the material reflects or simulates sexual activity of an apparent minor. The legal code of Virginia classifies computer-generated visual images as equivalent to traditional child pornography. Criminal liability attaches where the defendant intends to depict a minor.
How Does Virginia Law Define “Virtual” Or “Computer-Generated” Child Pornography?
Virginia‘s child pornography law incorporates descriptions of virtual, computer-generated, and digitally created images of minors. Virginia Code 18.2-374.1 defines the term to include visual representations created through electronic or mechanical means, such as photographs or films that show individuals under eighteen years old or looking like minors in sexual acts, regardless of whether the individuals are real children.
What Are the Potential Criminal Penalties for AI-Generated CSAM Offenses in Virginia?
Criminal penalties for AI-generated CSAM offenses vary based on behavior. Possession of AI-generated CSAM is a class six felony, punishable by prison time. Creating, selling, gifting, or distributing it is a class five felony, with even harsher prison sentences. There are also additional penalties, such as sex offender registration, strict probation conditions, and long-term restrictions on Internet use and employment opportunities under Virginia’s sex crime penalties.
How Can a Defense Attorney Challenge AI-Generated or Deepfake Evidence in a CSAM Case?
Defense attorneys might question the reliability, authenticity, and origin of AI-generated evidence to challenge evidence in a CSAM case. This includes how images were created, law enforcement’s forensic methodologies, and whether the material unambiguously depicts a minor
Lawyers may also challenge search warrants, digital-seizure protocols, metadata interpretations, and professional testimonies. If a defense attorney proves AI tools have fabricated or modified evidence, then it can severely damage the prosecution’s legal argument.
Contact Johnson/Citronberg Today
If you have been accused of a CSAM-related crime, legal assistance is crucial. Johnson/Citronberg can help you in your defense. Contact us today to schedule a consultation.
