Child Sexual Exploitation Material: Investigative and Legal Challenges with Generative Artificial Intelligence

Generative Artificial Intelligence (GenAI) has become ubiquitous in the past few years based on advances in both algorithms and computing power. As the technology has proliferated, it has begun to be used to create Child Sexual Exploitation Material (CSEM), and its use has created new categories of offenders and offenses; resulted in new, emerging categories of victims; and presented both theoretical and conceptual legal challenges. This work explores the investigative, digital forensics and legal challenges posed by the proliferation of GenAI related to CSEM offenses. The GenAI technology ecosystem is detailed through a psychological lens, and the current research related to GenAI in CSEM offending is summarized. The impact of this ecosystem is then examined from the perspective of the United States as it directly relates to the challenges posed to investigations and digital forensics, the legal challenges, and the impact to victimology. Current trends are examined, including ongoing investigative and prosecutorial efforts, and underexplored areas for further research are highlighted.