The legal system treats child sexual abuse material (CSAM) as evidence of child sexual abuse, and those who create, possess, or distribute it face severe penalties.
Federal Laws
Under U.S. federal law, CSAM is addressed in several statutes, including:
- 18 U.S.C. § 2256: Defines CSAM and makes it illegal to produce, distribute, receive, or possess any visual depiction of a minor engaged in sexually explicit conduct.
- 18 U.S.C. § 2251: Criminalizes the sexual exploitation of children, including the use of minors in sexually explicit visual content.
- 18 U.S.C. § 2252 & § 2252A: Prohibit the knowing receipt, distribution, reproduction, or possession of CSAM—including computer-generated or digitally altered material that is indistinguishable from a real child. (1)
Convictions under these laws can result in:
- 15 to 30 years in prison for producing CSAM
- 5 to 20 years in prison for receiving or distributing CSAM
- Up to 10 years in prison for possession
Sentencing can be enhanced for repeat offenders, offenses involving very young children, or those with particularly violent content.
“Even if a child isn’t physically present, digitally manipulated images can still be illegal under U.S. law if they are realistic enough to be mistaken for the real thing.”
—U.S. Department of Justice (1)
State Laws
Every U.S. state also has its own laws criminalizing the possession and distribution of CSAM. Penalties and definitions may vary, but most states classify these offenses as felonies.
Gaps in the Law
While federal law has provisions to prosecute “virtually indistinguishable” synthetic CSAM, many state laws do not yet address AI-generated abuse directly. This creates a dangerous legal loophole.
RAINN urges lawmakers to adopt stronger, clearer laws that:
- Include nonconsensual manipulated images in legal definitions
- Criminalize AI-generated depictions of minors in explicit content
- Give survivors more options for civil and criminal justice
RAINN’s full memo on nonconsensual manipulated intimate material outlines actionable policy recommendations for closing these gaps and modernizing protections for both children and adults.
SOURCES
- U.S. Department of Justice. (2023). Citizen’s guide to U.S. federal law on child pornography. https://www.justice.gov/criminal/criminal-ceos/citizens-guide-us-federal-law-child-pornography