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Federal Judge Rules AI-Generated Child Sex Abuse Material Is Protected Under First Amendment
The panel said Supreme Court precedent shields private possession of obscene AI images that do not depict real children, leaving other counts intact.
On Aug. 25, the 7th Circuit Court of Appeals ruled that possessing AI-generated child sexual abuse material in a home is legal under the First Amendment, upholding the dismissal of a possession charge against Steven Anderegg.
Prosecutors indicted the 45-year-old Anderegg in May 2024 on four federal counts after investigators alleged he used a generative AI model to create and share thousands of realistic images of prepubescent minors.
While bound by Supreme Court precedents from 1969 and 2002, Circuit Judge Lee noted concerns regarding how rapidly GenAI models evolve to render images virtually indistinguishable from real abuse material.
The decision does not affect three remaining federal counts against Anderegg involving image production and distribution, though the ruling applies specifically to Illinois, Indiana, and Wisconsin and could be cited elsewhere.
Pensacola Police Chief Eric Winstrom and defense attorney Kim Skievaski agree the Supreme Court must provide clear guidance, as current laws struggle to distinguish between virtual and real abuse material.