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Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / The Dangers of Using AI to Create Revealing Images in Fort Myers

The Dangers of Using AI to Create Revealing Images in Fort Myers

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Artificial Intelligence has given rise to an entirely new category of images generated entirely with machine learning. Today, you can type in a few sentences and have an AI model generate virtually any type of image you can imagine. Inevitably, some people have used this technology to generate revealing images. Some have even used the technology to generate intimate images of people they know. But as a recent case shows, this can lead to serious sex crime charges in Fort Myers.

Teen Girl Convicted of Eight Misdemeanor Charges for Sharing AI Nudes

In March of 2025, it was reported that an 18-year-old girl had pleaded no contest to eight misdemeanor counts of sexting. This teen was lucky to avoid more serious consequences, as she had originally been charged with eight third-degree felony counts of “promoting an altered sexual depiction of an identifiable person without consent.”

The case revolved around an incident in which the defendant came into possession of nudes created by her former boyfriend. This boyfriend collected images of the victims’ faces before using an app to transform them into nude photographs. When the defendant came into possession of these photos, she showed other people and texted them to people she knew.

Interestingly, local authorities clarified that the actual creator of the images could not face charges under Florida law. The real crime occurred when the defendant decided to share them. Possessing or creating fake nudes is not an offense under current Florida law, and this is something that the victims (and their parents) want changed in the future.

Are AI Nudes Illegal in Florida? 

AI nudes can be illegal in Florida under 836.13 “promotion of an altered sexual depiction.” Under this section, you could face penalties for virtually any realistic depiction of an identifiable person – regardless of whether that depiction was AI-generated. However, you may only face penalties if this image depicts the subject nude or engaged in sexual conduct. In addition, you may only face penalties if you “promote” these images by sharing, selling, giving, mailing, or distributing them.

Note that when it comes to child pornography, AI nudes are always illegal – regardless of whether you share them or not. Many defendants in Florida have faced charges of “production of child sex abuse material” (CSAM) and AI-generated child pornography. These charges may occur even if there is no identifiable victim in the images. Note that child porn involves any person who is younger than 18.

Can a Fort Myers Sex Crime Lawyer Help With AI Image Charges? 

If you face allegations of sex crimes due to images you generated with AI, consider speaking with a defense attorney in Fort Myers as soon as possible. Even if the individual depicted in your image is entirely AI-generated, you could face serious charges for sharing these images without the subject’s consent. Reach out to The Foley & Wilson Law Firm to get started with an effective defense strategy.

Sources: 

wptv.com/news/treasure-coast/region-martin-county/martin-county-man-faces-20-counts-of-possession-of-ai-generated-child-porn#google_vignette

flsenate.gov/Laws/Statutes/2022/Chapter836/All#:~:text=(2)%20A%20person%20who%20willfully,the%20third%20degree%2C%20punishable%20as

flsenate.gov/Laws/Statutes/2022/Chapter836/All#:~:text=(2)%20A%20person%20who%20willfully,the%20third%20degree%2C%20punishable%20as

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