Florida teens arrested for creating “deepfake” AI nude images of classmates

Two Florida middle school students, ages 13 and 14, were arrested and charged with third-degree felonies for creating deepfake nudes of their classmates using an artificial intelligence application. This incident marks the first criminal charges in the U.S. related to AI-generated explicit images. The boys were arrested under a Florida law that criminalizes sharing deepfake sexually explicit images without the victim’s consent. The students at Pinecrest Cove Academy in Miami, Florida, were suspended, leading to police involvement, arrests, and subsequent charges.

The proliferation of minors creating AI-generated explicit images has become a growing concern in school districts nationwide. While this incident in Florida resulted in arrests and charges, similar cases have not typically led to legal consequences. The lack of federal legislation addressing nonconsensual deepfake content has placed the onus on states to address issues of child sexual abuse material, nonconsensual deepfakes, and revenge porn independently.

President Joe Biden issued an executive order on AI last fall, prompting agencies to explore banning the use of generative AI for creating child sexual abuse material. Congress has introduced bipartisan legislation, such as the DEFIANCE Act of 2024, aimed at combating deepfake porn. Despite efforts to address revenge porn, only a few states have enacted laws specifically targeting AI-generated explicit imagery, leaving victims in states without legal protections to seek recourse through litigation.

The Beverly Hills Police Department is investigating a case where students allegedly shared images combining real faces with AI-generated nude bodies. However, the ambiguity in existing state laws regarding AI-generated explicit content complicates the determination of criminality in such cases. In response to the scandal, the local school district in Beverly Hills expelled five students involved in the distribution of fake nude imagery.