Advances in AI allows predators to exploit children with growing frequency
By: Mikaila Bluew
With the rise of artificial intelligence and other emerging technologies, child exploitation is going unchecked. Law enforcement is struggling to investigate, as predators use AI to create child sexual abuse material putting children at risk.
In recent cases, criminals have been using AI to generate sexual images of children, circumventing current laws that require proof that the material features depictions of real children. As AI technology continues to advance, legal frameworks have been slow to adapt, allowing offenders to exploit loopholes in the legal system.
A case that shows the growing threat involved Seth Herrera, a U.S. Army soldier stationed in Alaska. Herrera was arrested after authorities discovered he was using AI to create exploitative material, including images of children close to him.
A child psychologist in North Carolina was also sentenced to prison after creating explicit images from a first-day-of-school photo featuring a group of minors. These cases, though disturbing, represent some of the rare instances where law enforcement was able to act swiftly.
However, in many instances, AI-generated images of child sexual abuse cannot be prosecuted because the law still requires proof that the images depict real children. While some offenders are being caught, others are finding ways to exploit legal loopholes and hinder prosecutions.
Current law dictates that to be considered illegal, sexually explicit photos and videos must be traced back to a real child. In eight cases across California within just eight months, prosecutors were unable to pursue charges because they couldn’t prove that the AI-generated images were exploiting real children.
According to experts, the inability to trace AI-generated content to a specific living child leaves law enforcement with few options to prevent this exploitation. The difficulty in distinguishing between real and AI-generated images further complicates investigations.
Organizations such as the Free Speech Coalition have challenged acts like the Child Pornography Prevention Act which aimed to prohibit sexually explicit images of individuals conveyed to be minors. This would have offered more protection against explicit images of children created with computer imaging software.
Organizations like the Free Speech Coalition have challenged legislation such as the Child Pornography Prevention Act, which aims to prevent the distribution of sexually explicit images of minors. The Coalition argues that the language in the act could be misinterpreted and infringe on free speech rights. Some offenders use this argument, suggesting that AI-generated content might even reduce real-world abuse by creating images without involving actual victims, but such claims fail to address the broader harm caused by these materials.
The difficulty of distinguishing between AI-generated and real child abuse images hinders law enforcement efforts to identify and assist real child victims. In fact, 98 percent of those convicted for producing AI-generated child sexual abuse material have a prior history of abusing minors or have disclosed such abuse during treatment. This highlights that the creation of AI-generated images is not preventing abuse. Rather, access to this material is perpetuating a cycle of predatorial behavior.
Even in cases where no real victim is found, AI-generated child sexual abuse material is never a victimless crime.
The National Center for Missing & Exploited Children’s CyberTipline received over 3.5 million reports of child sexual abuse material in 2023. Of those, around 4,700 involved AI-generated content found on social media platforms like Meta, TikTok and Snapchat. Only 5 to 8 percent of these reports result in arrests each year, a reflection of the challenges law enforcement faces in investigating and prosecuting these cases.
Social media platforms are often the breeding ground for this kind of content, with many offenders using the anonymity and reach of these networks to distribute or blackmail families and children with AI-generated child sexual abuse material.
Without regulation, social media platforms are often used by offenders for distribution, anonymity and blackmail, further normalizing the growing crisis. Many predators use these platforms to coerce other users, including children, into producing or sharing AI-generated child sexual abuse material. These offenders also work to desensitize abusive behavior in online communities and among minors who may be at risk of becoming victims themselves.
Legal experts, including 53 attorney generals across the United States, are calling for stronger regulations to curb the spread of this material and close the loopholes criminals exploit.Advocates argue that lawmakers must urgently update laws to account for AI’s rapid advancements and its role in creating and distributing child sexual abuse material.
Children and adults are at risk of their pictures being warped into traumatizing content. Even if no real children are initially involved, these acts can be used as blackmail, normalize child sexual abuse material, and encourage predators to sexually and physically abuse minors.
Without clear guidelines, law enforcement will continue to struggle to protect vulnerable children from exploitation. Until these gaps are addressed, technological advances and lawmakers will remain outpaced by the evolving threat of online predators.
