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Can people use AI to commit an offence?

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The prominence of artificial intelligence (AI) is growing, its services proving useful in many aspects of life. But as we are becoming more accustomed to AI, new uses are being found that don’t always comply with the law.

Although AI has been around longer than most people realise, accessibility to it has seen a big increase in more recent years with the likes of Chat GPT, Nova AI, Google Gemini, to name a few. The integration of AI into the workplace is also becoming more apparent, notably, some law firms are beginning to invest in AI to help with their vast case load.

It is safe to say that modern technology is growing, fast. And as people, businesses and organisations attempt to keep up with the change – can legislation match this pace?

The case of Hugh Nelson – Indecent images created with AI

A Bolton resident, Hugh Nelson, was convicted of creating explicit images of children being sexually or physically harmed and distributing them either for free or at a cost for ‘made to order’ images. These explicit images were made with the use of AI and computer programmes, with some being made from images of real children that Nelson had asked the buyers for.

Despite the law under which Nelson was charged not being specifically designed to deal with AI or computer-generated images, his actions still amounted to offences including the making and distribution of indecent images. Nelson’s offending extended to messages in online discussion groups encouraging others to inflict sexual abuse on children. On the 28th of October 2024 he was sentenced to 18 years imprisonment with an additional six years on extended licence.

This case demonstrates that the criminal law can deal with online criminal activity, and can do so severely. The police and CPS are prepared to tackle the use of AI and the people who use it to commit an offence.

How can we help?

Here at Stephensons, we are committed to keeping up with modern technology developments and its impact on law. We have specialist criminal defence lawyers who can help navigate you through the often-complex legal system. We will explain the law to you in simple terms and apply the law to the circumstances of your case. Our expert team have been awarded Legal 500 tier one ranking, the highest, for its criminal defence work for the tenth consecutive year. If you are facing an allegation, then call us today on 0161 696 6188  or complete one of our online forms and someone from the team will get in touch with you.

By Amy Cornwell, graduate paralegal

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