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By Alex Littlehales, WRAL enterprise reporter
Wake County parents are calling attention to gaps they believe exist in the state’s criminal sexual exploitation laws, after a teen boy was accused of using AI to create sexually explicit photos of teenage girls.
Knightdale Police confirmed the investigation to WRAL this week, saying a secured custody order for the young suspect was issued on June 18.
The teen, whose name is not public because of his age, faces multiple charges of sexual exploitation of a minor. He’s accused of using AI to create sexually explicit photos of victims that police identified as “juvenile female students.”
But parents told WRAL News that not all of photos the boy is believed to have manipulated were connected to the criminal investigation. Those parents say prosecutors told them images of their daughters didn’t meet the necessary threshold to bring charges.
One parent told WRAL, “What we’ve been told, if an image depicts breasts — whether juvenile or adult — that is not child sexual abuse material. There has to be touching or manipulation for there to be a qualification there.”
The parent asked not to be named to protect the privacy of their child
Examining North Carolina’s sexual exploitation laws
In 2024, state lawmakers updated North Carolina’s sexual extortion laws to include language prohuibiting the use of “artificial intelligence” as a means of producing pornographic material:
Pictures, drawings, video recordings, films or other visual or physical depictions or representations, including digital or computer-generated visual depictions or representations created, adapted, or modified by technological means, such as algorithms or artificial intelligence, but not material consisting entirely of written words
The teen boy whom Knightdale Police are investigating is charged with second-degree sexual exploitation of a minor. That is defined in state law as anyone who:
(1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity
(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity or that has been created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity
(3) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits a child sex doll
Parents who have spoken to WRAL on the condition of anonymity express concern that content which would be viewed as sexually explicit to the general public is not considered the same in the eyes of the law.
Joseph Hyde, assistant professor of public law and government at the University of North Carolina’s School of Government, confirmed that the language “engaged in sexual activity” may disqualify certain images from falling under the sexual exploitation statute.
“Display does not constitute sexual activity unless the display is of the genitals or pubic area,”Hyde said. “In sum, the display of the female breast(s) alone would not constitute sexual activity for purposes of our sexual exploitation statutes.”
Do NC laws about AI go far enough?
North Carolina lawmakers are working on a proposal to block younger teenagers from “addictive” social media platforms. House Bill 301 would apply only to “addictive” platforms, which include websites or apps primarily used for uploading content, and those that use an algorithm to collect data on users and then select content to show those users
The bill passed the Senate unanimously, and as of June, was being considered by a conference committee of senators and representatives
Democratic senators said Wednesday that they wished the bill had gone further in several areas, particularly in cracking down on artificial intelligence, but that they’re glad to see any restrictions moving closer to becoming law
Senate minority leader Sydney Batch, D-Wake, proposed an amendment to increase penalties for AI-generated child porn, to require social media influencers to disclose if they’re being paid to promote things, and to require disclosures when advertisements use AI-generated content
She also proposed a law that would force AI chat bots into a “duty of loyalty” that would require the companies behind them to ensure they don’t encourage people to harm themselves, and for the AI companies to remind users that chatbots aren’t human and can’t form emotions like love or trust
“The fallout is real,” she told WRAL when asked about the case of images manipulated to show girls naked or in a sexual context
“A lot of kids and individuals don’t know if it’s a fake image,” she said
Batch doubled down on North Carolina not having enough protections in place, when examining the crossroads between AI and sexual extortion related crimes.
“If it’s a sexual image but they’re not completely naked that’s not covered. But it should be covered,” she said
