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Last Modified on Jan 07, 2026
In recent years, the unprecedented rise of AI deepfakes and associated technological advancements has made it increasingly difficult to distinguish between what’s real and what’s not when it comes to online imagery. Some states, including Virginia, have taken legal steps to ensure that people who generate AI deepfakes that are sexual in nature face legal consequences. Is AI/deepfake sexual imagery illegal in Virginia, and when can it become a felony CSAM case?
Any time you are questioned about child sexual abuse material in any way, you need to hire a CSAM lawyer to help you make sense of the situation. The more ingrained AI and deepfake technology become in modern culture, the harder it can be to determine the legality of such behavior or how to defend yourself against such allegations.
Understanding Sexual Imagery Cases
AI, deepfakes, and CSAM are incredibly common in this world. According to recent data from the National Center for Missing & Exploited Children (NCMEC), there was a significant increase of almost 7,000 to over 440,000 in reports of cases involving generative artificial intelligence between 2024 and 2025. Additionally, 70% of polled individuals say they cannot tell the difference between a real voice and one cloned by AI.
Dealing with charges related to the sexual exploitation of children, through AI imagery or otherwise, can be overwhelming. It’s important to understand the statute of limitations on such actions. In Virginia, the statute of limitations on civil cases involving CSAM is 20 years from the date when the victim turns 18 or when they discover a link to abuse. The most serious cases do not have a statute of limitations.
Is AI/Deepfake Sexual Imagery Illegal in Virginia?
Yes, AI-generated sexual images and deepfake pornography are both illegal in Virginia as a Class 1 misdemeanor. A recently passed revenge porn law prohibits the creation and distribution of nonconsensual pornography, including deepfake images. The potential penalties for a conviction of distributing deepfake pornography include significant jail time, hefty fines, and a permanent criminal record that follows you for the rest of your life.
Here are the key elements of such a case under Virginia state law:
- Lewd images. The images have to show a victim totally nude or in a state of undress, exposing intimate body parts. These are usually generated from existing photographs and altered to appear pornographic in nature.
- Malicious intent. The act of manipulating the images, distributing them online, or selling them must be done with malicious intent to cause harm.
- Understanding of right and wrong. The accused must have known that doing this was illegal or immoral, but they did so anyway.
When Can It Become a Felony CSAM Case?
Cases involving AI-generated images and deepfakes become felony CSAM cases when they involve sexual depictions of children. Even if they are created through AI technology, if the images are realistic enough for a reasonable person to believe them to be of an actual child, they are considered CSAM. Felony CSAM charges are very serious and can result in substantial prison time and mandatory registration as a sex offender.
FAQs
What Are Some Defense Strategies for Deepfake Pornography Cases?
Some defense strategies for deepfake pornography cases can include a lack of knowledge, such as accidental possession or viewing, shared devices, lack of intent, the material not being illegal, entrapment, and mistake of fact, such as the person in the images being an adult. Which strategies are most appropriate for any case depends on the unique circumstances, and your criminal defense attorney can help you determine the most effective defense.
Is AI or Deepfake Porn Always a Felony in Virginia?
AI or deepfake porn is not always a felony in Virginia. In general, deepfake porn is charged as a misdemeanor in Virginia, but the details of a case can influence the specific charges against a defendant. In many cases, a knowledgeable attorney can negotiate misdemeanor charges or reduced penalties, especially for less serious offenses or first-time offenders.
When Should I Contact a Lawyer for a Deepfake Pornography Case?
You should contact a trusted child pornography lawyer immediately if you are charged with deepfake pornography or anything involving child sexual abuse material. If you don’t get ahead of such charges, your reputation can often suffer irreparable damage. The sooner you speak with a lawyer, the sooner you can start working on a viable defense and figure out your next steps.
How Does Virginia Define Child Pornography?
In Virginia, child pornography is defined as any sexually explicit visual material that has a subject who is an identifiable minor at the time of the image’s creation. The identity of the minor is not necessary to bring charges against an alleged offender. As of 2024, state law does include computer-generated images of minors in sexual situations as child pornography.
How Can a Lawyer Help Me in a Case Involving Child Pornography?
There are many ways that a lawyer can help you in a case involving child pornography. A skilled lawyer can help you build a defense strategy, protect your rights to make sure nobody takes advantage of you, and advocate for you in legal proceedings, such as plea deal negotiation or representing you at trial in court. Be sure to bring up any specific concerns in your initial consultation.
Hire a CSAM Lawyer Today
Facing charges involving deepfake sexual imagery and/or CSAM can be frightening, especially if you do not know how to defend yourself. You need to secure legal representation and start developing a defense as soon as possible for the desired outcome in your case.
The legal team at Johnson/Citronberg, PLLC, recognizes the complexities of this question and others. Defending someone who is facing charges for child sexual abuse material (CSAM) that is generated by an AI can be difficult. Our attorneys understand Virginia CSAM laws, deepfake sexual imagery laws, and CSAM penalties and can make sure our clients get the most favorable outcome possible in their cases.
Contact us to speak to someone on our team about your situation and learn how we can help you determine the right course of action for your case and assist in developing a defense.
