Florida Middle Schoolers Face Arrest for Allegedly Generating Deepfake Nudes of Peers

Miami Teens Arrested for Creating and Sharing AI-Generated Nude Images of Classmates

Unprecedented Criminal Charges Filed Under New Florida Law

In an unprecedented case, two teenage boys from Miami, Florida, aged 13 and 14, were arrested in December for allegedly creating and distributing AI-generated nude images of their classmates without consent. The victims, both male and female, were between the ages of 12 and 13. The boys were charged with third-degree felonies under a recently passed Florida law that makes it illegal to share altered sexual depictions without consent.

Parents and Victims Traumatized by the Incident

The incident has left the families of the victims traumatized, with many parents publicly urging the school to expel the accused boys. Nadia Khan-Roberts, the mother of one of the victims, expressed the distress felt by all the affected families:

“Our daughters do not feel comfortable walking the same hallways with these boys. It makes me feel violated, I feel taken advantage [of] and I feel used.”

Arrest Records Reveal Details of the Case

According to arrest records obtained by WIRED, the incident was reported to police on December 6, 2023, and the two boys were arrested on December 22. The records state that the pair used an unspecified artificial intelligence application to create the fake explicit images, which they then shared between each other. The school administrator who received copies of the altered images interviewed the victims, who confirmed that they did not consent to the creation of the images.

Legal Implications and the Need for Federal Legislation

While a few states have laws targeting fake, nonconsensual nude images, there is currently no federal law addressing this issue. However, a group of U.S. senators recently introduced a bill to combat the problem, following the widespread distribution of fake nude images of Taylor Swift created using AI.

Stephanie Cagnet Myron, a Florida lawyer who represents victims of nonconsensually shared nude images, notes that creating fake nude images of minors would typically constitute possession of child sexual abuse material (CSAM). However, she suggests that the accused boys may not have been charged with CSAM possession due to their age.

Balancing Punishment and Rehabilitation for Young Offenders

Mary Anne Franks, a professor at the George Washington University School of Law, questions the disparity in penalties between Florida’s revenge-porn law, which classifies the offense as a misdemeanor, and the new statute under which the boys were charged, which treats it as a felony. While she believes that distributing nonconsensual fake explicit images should be a criminal offense to create a deterrent effect, she also emphasizes the need to consider the impact on young offenders and the effectiveness of harsh punishments in such cases.

As AI image-making tools become more accessible, cases like this one in Miami highlight the urgent need for comprehensive legislation and a balanced approach to addressing the issue of nonconsensual AI-generated nude images, particularly when minors are involved.