Artificial Intelligence and Indecent Image Offences
On 28th October 2024, Greater Manchester Police’s Online Child Abuse Investigation Team (OCAIT) successfully prosecuted a landmark case involving Hugh Nelson, a 27-year-old man sentenced to 18 years in prison for offences involving AI-generated indecent images of children. The case demonstrates how emerging technologies, like artificial intelligence, are being exploited for criminal purposes, raising significant challenges for law enforcement and the legal system.
Nelson pleaded guilty to 11 serious offences, including encouraging the rape of a child under 13, attempting to incite a boy under 16 to engage in sexual acts, and distributing indecent pseudo-photographs of children. His actions also included possessing prohibited images and publishing obscene material. As a result of the severity of these offences, he was handed an 18-year custodial sentence and placed on the Sex Offenders Register indefinitely.
This case is one of the first in the UK to explicitly link AI-generated indecent images to real children, setting a troubling precedent and demonstrating the dangers posed by misuse of artificial intelligence.
How AI Is Transforming the Landscape of Indecent Image Offences
The Nelson case is a stark example of how artificial intelligence is being used to exploit vulnerabilities in existing legal and technological frameworks. Nelson used 3D modelling software, DAZ 3D, along with a specialised AI plug-in called "AI Face Transfer." This software enabled him to superimpose the faces of real children onto pre-designed 3D models, which he could then customise to create realistic, explicit images.
While AI offers incredible potential for innovation and creativity, it also opens new doors for criminal activity. In this case, Nelson’s business model relied on operating a business that catered to clients who submitted pictures of children, often their own, for transformation into indecent scenarios. The AI allowed Nelson to superimpose the faces of real children onto pre-designed 3D models, which he then customised to create realistic yet fabricated abuse imagery.
The investigation, led as part of Operation Influence, uncovered Nelson’s activities through online adverts, financial transactions, and undercover police engagement. The case also highlighted the growing challenges faced by law enforcement in identifying and prosecuting offenders who leverage AI technologies to facilitate their crimes.
What Does the Law Say About AI-Generated Indecent Images?
The UK legal system already has robust frameworks in place to address offences involving indecent images of children, and these extend to AI-generated content. The Protection of Children Act 1978 makes it an offence to make, possess, or distribute indecent images or pseudo-photographs of children. The law defines "making" broadly to include downloading, storing, or even accessing indecent material online.
In addition, the Coroners and Justice Act 2009 criminalises the possession of “prohibited images,” which includes non-photographic depictions such as animations, cartoons, or AI-generated material. For an image to qualify as a prohibited image, it must be pornographic, obscene, and explicitly sexual in nature.
The Nelson case exemplifies how AI-generated imagery can fall under these legal definitions. By using AI to create indecent images that closely resembled real-life abuse, Nelson’s actions clearly violated these laws. His conviction underscores the courts’ ability to adapt existing legislation to address the challenges posed by emerging technologies.
What to Do If You’re Accused of AI-Generated Image Offences
Allegations involving AI-generated indecent images are a new and complex area of law. AI technologies used to create or distribute indecent material are treated just as seriously as real or digitally altered photographs under UK legislation, including the Protection of Children Act 1978 and the Coroners and Justice Act 2009. Offences such as creating, possessing, or distributing these images can result in severe penalties, including prison sentences and placement on the Sex Offenders Register.
Investigations often involve the seizure of electronic devices and forensic analysis of digital content. Cases can be highly technical, focusing on intent, knowledge, and the origin of the material. Acting quickly to understand the process and secure legal advice is critical in protecting your rights and building a defence.
If you have been accused of offences involving AI-generated indecent images, it is essential to seek expert legal support from a Criminal Defence Solicitor immediately. At Draycott Browne, we understand how distressing and complex these cases can be.
Our experienced team of Sexual Offence Lawyers provides sensitive and discreet advice tailored to your situation, ensuring your rights are protected throughout the process.
Contact our Manchester-based solicitors today or complete our online enquiry form, and we will be in touch promptly to support you.