this post was submitted on 30 Jul 2026
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Enough Musk Spam
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To make a quick reply, you might want to look in to that. In some places if it isn't a deepfake of a real child it's as legal as the anime folk who draw the same awful shit, including some of the US.
Seems weird as fuck to me, because that's putting the burden of proof on law enforcement and the courts to show that a person or act in a very real looking image actually took place. Checking now I see some things saying it's not specifically criminalized in 10 states and some things saying 5.
I'd say at least the federal government has made it clear it's considered every bit as bad as non-ai images of the same thing, but I can't even bring myself to believe the federal government is doing a damn thing about child rape any more. :/
This is literally what the law is trying to stop.
Which is bad. Not good. Yes, if someone makes deepfake child porn of a real kid that's definitely very awful and bad. But it should also be just as illegal to make AI generated porn of children even if they're not deepfakes of real kids.
Anime/digital images of minors having sex having been a thing for decades has fucked things up. Those have been criminalized in some places in the world, but are considered distasteful but legal art in lots of others. Since AI generated images are fictional digital images created entirely by a computer and don't depict an actual crime taking place against an actual child, the can fall into the same legal area are hand drawn or digitally made images of the same thing.
Laws focusing only on deepfakes of real kids are not good things, because all they do is put the burden of proof on the prosecution. It means that they need to prove this massive collection of photos of child rape they found on Steve Miller's laptop are meant to depicting real kids, which means they need to find the real kids with nothing but AI generated photos of child rape before they can prove a crime has been committed.
When it's found that someone has images of kids being raped, that should be enough. Whether you can ever locate the actual kids in the photos, whether you can ever prove this person is guilty of raping kids, possession of the photos in and of itself should be enough for them to be locked up, cause farther investigation, and for them to be sent to prison even if no farther crimes are discovered.
No one should be able to say "Oh, those aren't fakes of real kids, it's just fictional art." and have that be an actual legal defense.