As parents, our top priority is keeping our children safe. In today’s digital world, artificial intelligence (AI) has made the internet more powerful and, in some ways, more dangerous than ever before. Children can now easily access AI tools that create hyper-realistic images and videos, often without understanding that certain online “experiments” can cross serious legal lines.
Recent cases in Pennsylvania demonstrate how immediate this risk has become. In 2025, the Pennsylvania Attorney General’s Office brought the state’s first charges involving artificially generated child sexual abuse material (CSAM). Authorities have made it clear: “just AI” is not a defense, and the consequences include multiple felony counts and significant prison time.
The Evolving Threat of AI and Deepfakes
AI image and video generators, commonly known as deepfake tools, are now integrated into many apps and websites children already use. What starts as a joke or peer pressure can quickly escalate into the creation of explicit content.
From a legal standpoint, the fact that an image is fabricated does not make it safe. Under Pennsylvania law, AI-created depictions of minors in sexual situations are treated with the same severity as traditional CSAM, regardless of whether a physical child was involved in the creation process.
Pennsylvania Law: Act 125 of 2024
Pennsylvania updated its criminal laws specifically to address AI-driven abuse. Act 125 of 2024 amended the sexual abuse of children statute, 18 Pa. C.S. § 6312, to expressly include artificially generated material.
Under the current statute, it is a crime to:
- Create or cause the creation of such material.
- Possess, view, or control it on any device.
- Distribute, sell, or share it with others.
These offenses are typically graded as felonies and can result in years in state prison, substantial fines, and mandatory registration under Megan’s Law.
Federal Law: The TAKE IT DOWN Act (2025)
At the federal level, the TAKE IT DOWN Act (effective May 2025) targets the nonconsensual publication of intimate images, including AI-generated deepfakes. This law is a game-changer for victims, as it requires online platforms to:
- Establish a formal notice-and-removal process.
- Remove reported nonconsensual imagery—authentic or AI-generated—within strict timeframes (typically 48 hours).
- Implement technology to prevent the re-upload of previously removed harmful content.
Practical Steps for Parents
Monitoring your child’s online activity is about guidance, not just surveillance. Here are four practical steps:
- Install Parental Controls: Restrict access to high-risk image generation or deepfake sites.
- Set Clear Device Rules: Use devices in shared spaces where you can check in periodically.
- Have “The AI Conversation”: Explain that digital actions are permanent. A “dare” in a group chat to create a fake image of a classmate can trigger a criminal investigation and lifelong consequences.
- Stay Involved: Regularly review the apps your children use. If you encounter exploitative content, report it to the National Center for Missing and Exploited Children (NCMEC) CyberTipline.
How Unruh Turner Burke and Frees Supports Families
We understand how quickly online behavior can lead to real-world legal crises. Led by attorney Daniel J. Yarnall, a former trial prosecutor in the Chester County District Attorney’s Office, our team provides a unique perspective on how digital evidence is evaluated by the Commonwealth.
Our advocacy group, directed by Dan Yarnall, assists families harmed by online exploitation or deepfake imagery. We help victims navigate reporting to law enforcement, assert their rights under the Pennsylvania Crime Victims Act, and seek protective orders.
We also represent juveniles and young adults accused of internet-related offenses. Drawing on his background as a prosecutor, Dan Yarnall evaluates the strength of digital evidence and works to limit the long-term harm to a young person’s education and future.
Contact Information
Phone: (484) 653-2241
Email: dyarnall@utbf.com
Office: 17 West Gay Street, Suite 200, West Chester, PA 19380
Learn More: Daniel J. Yarnall Profile
Disclaimer: This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
