Can AI-Generated Sexual Images Lead to Sex Crime Charges in Illinois?

 Posted on September 14, 2026 in Sex Crimes

Illinois law specifically addresses some sexual images created or altered with computer technology. Creating or sharing certain AI-generated sexual images can lead to criminal charges in Illinois. Possession of AI-generated sexual images can also be illegal, but a recent federal court ruling may affect the consequences someone faces for possession.

If you are facing an investigation or charge involving AI-generated images in 2026, our Chicago internet sex crimes defense lawyer can help you build a defense strategy.

What Does Illinois Law Say About AI-Generated Images Depicting Minors?

Under 720 ILCS 5/11-20.4, Illinois law covers certain computer-generated or altered sexual images that appear to depict a child. The statute applies to an "obscene depiction of a purported child," including certain computer-generated images and videos.

The depicted person must be indistinguishable from an actual child under 18. Additionally, the material must meet the statute's definition of obscene. Illinois law bans several types of conduct involving this material. This includes certain ways of receiving, accessing, reproducing, and sharing it. But a recent federal court ruling set an important limit involving private possession of fully virtual material that does not show a real child.

United States vs. Anderegg and AI-Generated Images of Underage Children

In August 2026, the Seventh Circuit Court of Appeals ruled on this issue in United States v. Anderegg. The court said the federal government could not punish someone for privately possessing wholly virtual, AI-generated images. This only applies when the images do not depict real children. The court based this on earlier Supreme Court rulings. Those rulings protect private possession of obscene material. They also draw a line between purely virtual images and material involving real children.

Since Illinois falls under the Seventh Circuit, this ruling applies here. However, it did not strike down Illinois's AI-image law, and it did not create a right to produce or distribute this material. In this case, separate federal production and distribution charges are still active.

Whether an image involves a real child, and whether someone merely possessed it versus produced or shared it, can lead to very different legal outcomes.

What Happens if You Have AI-Created Pornography of a Real Adult?

Illinois law also addresses AI-generated or digitally altered sexual images depicting identifiable people. Under 720 ILCS 5/11-23.7, a person can be charged for sharing a fake sexual image without consent. This happens if they share a realistic sexual image of a real, identifiable person on purpose. This applies if the person knew, or should have known, that the person shown in the image did not agree to have it shared.

The law applies to images that use computer-generated intimate parts. It also addresses falsely portraying someone engaging in sexual activity that did not actually occur. A violation is a Class 4 felony.

How Do AI-Generated Image Investigations Typically Start in Illinois?

Many investigations into AI-generated images start with a report. The report may come from someone who is shown the image, a school, or a social media platform. Platforms often flag this content. From there, investigators may look at message histories and cloud storage accounts. They may also look at the devices used to generate or share the images. This helps them determine who created and distributed the material.

AI tools often leave some digital trail, such as app usage records or saved prompts. Because of this, investigators frequently build a timeline of activity rather than relying on a single piece of evidence.

What Penalties Come With an AI-Generated Sexual Image Charge in Illinois?

Penalties for illegal AI-generated sexual images depend on the statute, the conduct alleged, and the purported child's apparent age. A first offense for viewing an obscene depiction of a purported child is generally a Class 3 felony, while distributing or possessing it with intent to distribute is generally a Class 1 felony.

If the purported child appears under 13, those penalties rise to a Class 2 felony and a Class X felony. Charges involving a non-consenting adult can also carry felony penalties, though this recent federal case may limit punishment for privately possessing wholly virtual images that involve no real child.

What Should You Do if You Are Contacted About an AI-Generated Image Investigation?

If you are contacted by police about AI images, a few points are worth keeping in mind:

• Avoid discussing the images or your device history with investigators before getting guidance from an attorney.
• Do not delete accounts, files, or devices once you become aware of an investigation.
• Preserve any context that shows how or why an image was created, since what you were trying to create often matters in these cases.
• Be aware that both state and federal law may apply.

Most importantly, contact an experienced attorney immediately. Early legal representation can protect you from making mistakes that could hurt your defense.

Schedule a Free Consultation With Our Cook County, IL Internet Sex Crimes Defense Attorney

Charges involving AI-generated images sit at the intersection of brand new technology and serious criminal consequences. This makes an aggressive, thoughtful defense essential.

Attorney James DiQuattro is accomplished and dedicated. He goes the extra mile to fight for every client he represents, including individuals under state and federal criminal investigations.

Call the Law Offices of James F. DiQuattro at 312-627-9482 today to talk with our Chicago criminal defense lawyer.