AI Images are increasing, and the government are acting quickly to ensure those responsible for the generation of them are prosecuted and social media platforms are held to account for the publication of such material.
Generating non-consensual sexual intimate images with AI is set to become illegal in the UK as the British government ramps up its response to AI chatbot Grok, this will include the requesting the creation of images. Ofcom has opened a formal investigation into X under the UK’s Online Safety Act 2023.
It comes as watchdog Ofcom has launched an investigation into whether social media platform X has breached UK law over reports that Grok had been used to create “undressed images” – which may amount to intimate image abuse or pornography- and indecent images of children that may amount to child sexual abuse material (CSAM).
Data from the Internet Watch Foundation released on 12th November 2025 shows reports of AI-generated child sexual abuse material have more than doubled in the past year, rising from 199 in 2024 to 426 in 2025.
The Crime and Policing Bill, which is going through parliament, will make it a criminal offence for companies to supply tools designed to create non-consensual internet images, set to target the problem at source such as social media platforms, and apps.
Whilst the new laws are aimed at tech companies and social media, the accessibility of images produced by these platforms affect society and users, opening users up to the possibility of being in possession or downloading images widely available online.
What is an AI Image?
An AI image is an image that is created, modified, or enhanced using artificial intelligence rather than being captured directly by a camera alone. AI can be a fantastic tool when used correctly, but it also opens society up to dangers, and as technology advances, the laws must also.
Are AI Sexualised Images Illegal?
Creating or sharing sexualised AI images of real people without their consent is treated as a crime under UK law, particularly under the Online Safety Act and related legislation. This includes:
- Intimate or sexual deepfakes of adults if they are generated or shared without the person’s permission.
- Non-consensual AI manipulation that “nudifies” or sexualizes someone from a photo.
Where a person creates an AI image concerning child sexual abuse, they are likely to be charged under the laws which prohibit the production of indecent images of children, depending on how realistic the AI image looks.
Legal Developments
In early 2026, the UK government moved to criminalise the creation and request of sexualised AI images, making it a priority offence with potential enforcement action.
There are already laws in place which govern inappropriate images which contain both adult abuse material and child abuse material, further laws to be imposed will tighten those surrounding AI sexualised images and ensure UK Law keeps up with the developments of technology and society.
At this time there are laws in place which aim to prevent indecent imagery of any form online, and to protect exploitation of adults and children, the list below is an example of the laws currently in place and in use frequently to prosecute individuals for indecent image offending.
Child Sexual Abuse Material – Indecent Images of Children
- Section 160 of the Criminal Justice Act 1988, this prohibits the possession of an indecent image of a child.
- Section 1(1)(a) of the Protection of Children Act 1978 prohibits making indecent images of children.
- Section 1(1)(b) of the Protection of Children Act 1978 prohibits distribution of indecent images of children
- Section 62 of the Criminal Justice Act 2009 prohibits the possession of a prohibit image of a child.
- Sections 44 and 45 Serious Crime Act 2007 – encouraging or assisting an offence; section 8 Accessories and Abettors Act 1861.
You can read more about the these offences and potential defences by clicking here.
What is Classed as Indecent an Indecent Photograph of a Child?
It is for a court (if in the Magistrates) or jury (if in the Crown Court) to consider the issue of indecency by reference to an objective test, rather than applying their wholly subjective views of the matter (R v Neal [2011] EWCA Crim 461) taking into consideration the age of the child (R v Owen (1988) 86 Cr. App. R. 291). The circumstances in which the photograph came to be taken and motive of the taker are not relevant as it is the photographs of the child which must be indecent, not the defendant’s conduct: R v Graham-Kerr (1989) 88 Cr. App. R. 302; R v Smethurst [2002] 1 Cr. App. R. 6.
What Age Does the Law Consider a Child in Indecent Image Cases?
A child is a person under 18 (s.7(6) of the PCA) and the age of a child is a finding of fact for the jury to determine. Expert evidence is inadmissible on the subject as it is not a subject requiring the assistance of experts.
Laws Which Set out to Protect Adults
- Section 67A of the Sexual Offences Act 2003 prohibits voyeurism.
- Section 67A(2A) and (2B) contrary to Sexual Offences Act 2003 prohibits the operation of equipment to observe breast feeding and recording of breast feeding.
- Sending an unwanted photograph or film of genitals, is an offence contrary to Section 66A.
- Threatening to share intimate photographs or films with intent to cause distress, is an offence contrary to section 69 of the Domestic Abuse Act 2021.
What to do if you are Accused of an Image Offence?
If you are accused of an image offence whether it is a real image or an image generated by AI then seeking specialist legal advice at your earliest opportunity is essential to understand your legal position from a defence perspective, enabling you to navigate how you move your case forwards and the steps you need to take.
How Eventum Legal Can Help You
Our team specialise in defending allegations of sexual offences which includes indecent images and sexualised images created by AI. Having prepared and defended cases which include some element of AI production, we ensure no stone is left unturned, and that all prosecution evidence is scrutinised in depth, particularly where our client’s dispute the evidence presented against them.
AI images are becoming increasingly popular, some looking more realistic than others, having a strong understanding of which laws apply could make a difference to the way in which a case is prosecuted, and defended.
If you have been accused we understand that you may be feeling helpless, embarrassed and incredibly anxious about the consequences. You are not alone, and whilst we provide robust legal advice, our team are also incredibly supportive.
Contact us today for a free initial consultation.