Is AI Being Used to Create Child Sexual Abuse Material? Legal Report on AI Being Used to Create Child Sexual Abuse
Artificial intelligence can now create realistic sexual images of children, even when no real sexual act took place. This not only raises moral questions but also presents challenges for police and prosecutors.
But is AI-generated CSAM illegal in the UK? This article will explain how the law treats AI CSAM, child deepfakes, and nudify apps, and why early legal advice matters.
Understanding the Growing Problem of AI-Generated Child Sexual Abuse Material
Artificial intelligence (AI) has changed how people make and edit images and videos. Sadly, some people use this technology to create illegal sexual images of children.
The Internet Watch Foundation (IWF) found 8,029 criminal AI-generated child sexual abuse images and videos in 2025 alone.
This has raised serious concerns about protecting children from online harm. For instance, what happens when someone is accused of creating or possessing these images?
The intersection of possession, viewing, and guilt is not always clear-cut. Police must check what the images show, how they were made, and what the accused person knew or did.
What Is CSAM?
The definition of CSAM (child sexual abuse material) covers images, videos, and other content that show the sexual abuse or exploitation of children.
This term makes clear that the material involves harm to children. However, UK law uses several other legal terms, including indecent photographs, pseudo-photographs, and prohibited images of children.
These differences matter because each type of image may fall under a different law.
What Is AI-Generated CSAM?
AI-generated CSAM is child sexual abuse material made or changed using artificial intelligence. AI has become so powerful that it can generate fake sexual images, altered photographs, and child deepfakes in seconds.
Some AI models can create realistic images of children who do not exist, while others change photographs to make real children appear in sexual situations.
The former poses its own problems, as it raises questions about who, if anyone, was harmed.
How Are Nudify and AI Undressing Tools Being Used?
So-called nudify apps use AI to change photographs so that people appear nude or sexually exposed. There are both apps and websites that advertise themselves as AI nude image generators or offer nudifying online.
The resulting pictures are fake, but they can still cause serious harm. When used to sexually exploit children, they may also produce illegal child sexual abuse material.
To tackle this problem, the UK government has introduced a ban on nudification tools through the Crime and Policing Act 2026.
The new law targets people and companies that make, supply, or offer tools used to create fake intimate images. Offenders could face up to three years in prison.
However, the law does not cover every AI photo-editing tool. The law includes a defence for developers who take all reasonable steps to prevent misuse.
Is AI-Generated CSAM Illegal in the UK?
Yes. AI-generated CSAM can be a criminal offence even if no child was physically abused while the image was made.
Under the Protection of Children Act 1978, certain realistic fake sexual images of children can be treated like real photographs. Other computer-made images may be covered by the Coroners and Justice Act 2009.
The new rules added to the Crime and Policing Act covering AI tools are in place, but as of October 2026, have yet to come into force.
What’s most important to realise is that not every case is the same or will fall under the same law. The type of image, where it came from, and the person's actions both matter.
What Evidence Do Police Examine in AI CSAM Cases?
Cases involving AI CSAM often depend on digital evidence. Police may check computers, phones, cloud accounts, and records from AI services.
They may also examine what someone typed into an AI tool, which files they saved, and when they used an account.
However, finding generated CSAM on a device does not always prove who created it. For example, an account may have been shared, or a file may have been saved automatically.
A digital forensic expert can help explain how the material reached the device.
Why Knowledge and Intent Matter
In AI CSAM cases, finding illegal images on someone's device does not always mean they committed a crime.
Police must look at what the person knew and did. Did they create the images on purpose? Did they know what the AI software was making? Could someone else have used their account?
The answers matter because each criminal offence has its own legal rules.
A sexual offence solicitor in the UK should know how to explain these rules, review the evidence, and challenge claims that may be wrong. This is best done early, before police and prosecutors decide whether to bring charges.
Why Early Legal Advice Matters in AI CSAM Investigations
An allegation involving child sexual abuse material can quickly affect someone's work, family, and reputation. AI technology can also make the evidence harder to understand.
A specialist child sexual abuse solicitor can review the allegations, examine account records, and work with digital experts where needed. This may help identify mistakes about who created, saved, or controlled the files.
Early legal advice can also help you understand your options, prepare for police interviews, and avoid mistakes that could harm your defence.
How Holborn Adams Can Help with AI CSAM Allegations
Being accused of creating or possessing AI-generated child sexual abuse material can have life-changing consequences. At Holborn Adams, we understand what's at stake.
Our solicitors have experience defending clients facing serious sexual offence allegations. We also have a stellar track record of success.
With our focus on pre-charge representation, we work to protect your rights and ensure your side of the story is heard before a charging decision is made.
If you’ve been accused of creating CSAM, or are concerned you might be, contact us today.
Frequently Asked Questions
1. What Does CSAM Stand For, and What Is Child Sexual Abuse Material?
CSAM stands for child sexual abuse material. It includes images, videos, and other content showing the sexual abuse or exploitation of children. The term sexual abuse material (CSAM) can also cover some fake or computer-made images. UK law has different rules for different types of material.
2. What Is a Child Deepfake?
A child deepfake is a fake image or video made using digital technology. It may change a real child's photograph or create a child-like person who does not exist. Sexual child deepfakes may be illegal even if the events shown never happened.
3. What are Nudify Apps? How Do They Create AI-Generated Sexual Images?
Nudify apps use AI to change photographs so that a person appears nude or sexually exposed. The images are fake, but they can still cause harm. Artificial intelligence undressing with the intent to create sexual images of children may lead to criminal charges.
4. How Do Police Investigate Allegations Involving AI-Generated CSAM?
Police may examine devices, cloud storage, AI prompts, account records, and downloaded files. They may also use forensic experts to check how images were made and who accessed them. These records can help investigators work out what happened.
5. Is AI-Generated CSAM Illegal in the UK Even if No Real Child Was Physically Abused?
Yes. UK law can cover realistic AI-generated sexual images of children, even when no real sexual act occurred. Some images count as pseudo-photographs, while others may fall under separate laws. Whether a crime occurred depends on the image and the person's actions.
6. Can I Be Investigated for Possessing an AI Model That Can Generate Illegal Imagery?
Yes. Police may investigate whether AI models were made or changed to produce illegal child sexual abuse images. However, owning a general-purpose AI tool is not automatically a crime. New UK offences aimed at specialised generators have been passed but were not yet in force in October 2026.
7. Is Child Sexual Abuse Material Illegal Worldwide?
Child sexual abuse material is banned in many countries, but laws differ around the world. Some countries have specific rules for AI-generated images, while others use older laws. The exact offence and penalties depend on the country and the type of material.
8. Should I Speak to a Solicitor if Police Seize My Devices in an AI CSAM Investigation?
Yes. Contact a specialist solicitor as soon as possible. They can explain your rights, help you prepare for police questions, and examine the evidence. They can also advise whether you need an independent digital expert.
9. Should I Get Independent Digital Forensic Advice Before Answering Questions About AI-Generated Images?
Independent forensic advice may be useful when police rely on AI records or digital files. An expert can check account access, file histories, and other technical details. Your solicitor can decide whether this examination is needed and help protect your position during questioning.
