Kaohsiung man was sentenced to 1,386 yuan in profit for using AI to produce underage pornographic content
According to a report by the United Daily News, a 28-year-old motorcycle maintenance worker in Kaohsiung, surnamed Yu, used the AI image generation software "Stable Diffusion" to create pornographic photo albums of children and girls in order to earn extra money and sold them online. However, this illegal act only brought him a small profit of 1,386 yuan, but in exchange for criminal penalties. The Qiaotou District Court recently sentenced Yu Nan to 7 months in prison, suspended for 2 years, for violating the Regulations on the Prevention of Sexual Exploitation of Children and Juveniles, and he must pay 30,000 yuan to the public treasury.
According to the verdict, Yu Nan used a computer to operate the AI drawing software "Stable Diffusion" at home on October 18, 2023, input generated words related to children and teenagers, and produced multiple images of girls and girls with their bare breasts and lower bodies files. He then compiled these pictures into a digital photo album, uploaded it to his personal store on a well-known online shopping platform, and sold it for 99 yuan each. In order to attract buyers, Yu Nan also specially included keywords such as "high school student", "classroom", "high school", "student", and "loli" in the product title.
Source: Google search screenshot AI can already create a variety of images
Selling AI-generated pornographic content is still illegal, and the court considers the circumstances to give a lighter sentence
After these illegal digital photo albums were put on the shelves, a total of 14 copies were sold, bringing Yu Nan 1,386 yuan in illegal gains. However, because these photos involved sexual images of children and adolescents, which were objectively enough to arouse sexual desire or shame, they were eventually reported by the public. On February 2 this year, the police went to Yu Nan's residence to conduct a search and seized a mobile hard drive storing relevant pictures on the spot.
During the police call, investigation and trial, Yu Nan confessed to the crime. The judge held that although the sex-related digital photo album of children and teenagers produced by Yu Nan was generated by AI, it still violated the crime of trafficking in sex-related pictures of children and teenagers that are objectively enough to arouse sexual desire or shame. This kind of behavior not only stimulates the desires of viewers, but also increases the risk of children and teenagers being victimized, and goes against the universal value of maintaining the sound physical and mental development of children and teenagers.
However, the court also considered that Yu Nan had no previous convictions, had a good attitude after committing the crime, and had shown deep self-reflection. It believed that he should be aware of what he had learned and be wary of committing another crime. In addition, Yu Nan has not been selling for a long time, the quantity sold and the profit are limited, and there is no actual victim in this case. Based on these factors, the court ultimately issued a lighter sentence. In addition to a seven-month prison sentence, a two-year suspended sentence and a public treasury payment of 30,000 yuan, Yu Nan must also undergo a legal education and undergo protective control during the probation period. The court also announced that the mobile hard drive seized in the case would be confiscated, and the value of the computer equipment and criminal proceeds of 1,386 yuan that were not seized in the case was ordered to be levied. The case remains open to appeal.
This case once again warns the public that even virtual pornographic content produced using AI technology still violates the law as long as it involves children and teenagers. In the face of the rapid development of technology, we should use it with caution and always remember the importance of protecting children and teenagers.
