New Tennessee Laws About AI-Generated Child Pornography

By Cesar Arbelaez

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Criminal Defense

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Last Modified on Jan 02, 2026

A new law passed in Tennessee makes it illegal to knowingly possess, distribute, or produce technology or software designed to create AI-generated child pornography. The law is intended to keep pace with developing technologies and protect Tennessee children from exploitation. The new Tennessee laws about AI-generated child pornography provide law enforcement with what they need to protect victims and pursue offenders.

Criminalizing AI-generated Child Pornography

As of August 2025, 45 states in the nation have enacted legislation that criminalizes AI-generated child pornography. Nashville’s child pornography laws are following this trend. This highlights the growing concern of legislators over the significant increase in the creation and distribution of these materials.

The National Center for Missing and Exploited Children (NCMEC) received 67,000 reports of AI-generated child pornography in 2024 and over 485,000 reports in just the first six months of 2025. This is an increase of 624%.

Data from the United States Sentencing Commission show there were 1,215 cases of child pornography in 2021. Of these offenders, 45.5% were charged with trafficking; 43.5% were charged with possession, and 11% were charged with receiving child pornography.

Child Pornography Penalties

The United States Sentencing Commission tracks the percentage of offenders who are sentenced to prison and the length of the sentence. Data from 2021 show that 98.7% of child pornography offenders were sentenced to prison, and their average sentence was 107 months. Specific offenses resulted in:

• Offenders charged with trafficking child pornography received an average sentence of 138 months. 10.9% of these individuals had a prior child pornography or sexual abuse conviction that resulted in a mandatory 15-year minimum penalty, making their average sentence 236 months.
• Offenders charged with receiving child pornography received an average sentence of 99 months. 9.9% of these individuals had a prior child pornography or sexual abuse conviction that resulted in a mandatory 15-year minimum penalty, making their average sentence 199 months.
• Offenders charged with possessing child pornography received an average sentence of 76 months. 24% of these individuals had a prior child pornography or sexual abuse conviction that resulted in a mandatory 15-year minimum penalty, making their average sentence 133 months.

What Happens if You Are Arrested on Criminal Charges in Nashville?

Being arrested can feel shocking and overwhelming, but knowing what to expect can help you take control of the situation. These are the typical steps:

• Law enforcement must have probable cause to arrest you.
• After the arrest, law enforcement will advise you of your rights. This includes your right to an experienced criminal defense attorney in Nashville, TN, and the right to remain silent.
• Next, you will be transported to the police station for booking. This will typically happen at the Metropolitan Nashville Police Department, located at 600 Murfreesboro Pike, Nashville, TN 37210.
• You will remain in custody until your first court appearance. A judge will read the formal charges against you, determine whether you are eligible for bail, and set the bail amount. During this step, you will be asked to state if you are entering a plea of guilty, not guilty, or no contest. It is critical to have a skilled defense attorney present to advise you.
• The preliminary hearing happens next. During this step, the judge will determine if there is enough evidence to move forward.
• The discovery process gives your attorney an opportunity to review the evidence that will be used to prosecute the case.
• Next, your attorney will pursue pretrial actions and file any necessary motions with the court. Typical motions include a motion to dismiss charges or a motion to suppress evidence.
• Your attorney may negotiate a plea bargain. A plea bargain is an agreement between the prosecutor and your criminal defense attorney. If you decide not to accept a plea deal, your case may proceed to trial.

Hire a Child Pornography Lawyer In Tennessee

We can help you navigate unfair child pornography charges before a trial and in the courtroom. We understand what you are going through and can use our experience and skill to get you through this. Attorney Arbelaez has over eight years of criminal defense experience and is a former prosecutor with the Davidson County District Attorney’s Office.

FAQs About New Tennessee Laws About AI-Generated Child Pornography

How Does Tennessee’s New Law Define AI-generated or Computer-Created Child Sexual Abuse Material?

Tennessee’s new law defines AI-generated and computer-created child sexual abuse material as images that are created, adapted, or modified. Materials that depict a minor engaged in sexual activity or simulated sexual activity are prohibited. AI-generated and computer-created content is treated the same as materials that feature real children. In Tennessee, child pornography cases carry strict penalties.

Are AI-generated Images Treated the Same as Real Child Pornography Under Tennessee’s Updated Statutes?

Under the new law in Tennessee, AI-generated images are treated the same as real child pornography. An individual can be charged with a Class E felony for possessing the technology, digital tools, or software needed to create simulated child pornography. A Class C felony can result if an individual is convicted of distributing the technology, software, or digital tools. A Class B felony charge can be applied in cases where an individual engages in the production of illegal images.

What Criminal Penalties Can Someone Face in Tennessee for Creating, Distributing, Possessing, or Accessing AI-generated Child Sexual Content?

If you are convicted of creating or distributing content, you can face a Class B felony that carries a maximum fine of $25,000 and a prison sentence of eight to 12 years. Possessing or accessing AI-generated child pornography is a Class C felony and has a maximum fine of $10,000 and a prison sentence of three to 15 years.

How Can a Defense Attorney Challenge AI-Generated Evidence Under Tennessee’s New Regulations?

A defense attorney can utilize various strategies to challenge AI-generated evidence under Tennessee’s new regulations. An attorney may argue a technical defense. This may include the argument that digital materials were corrupted or altered. Another argument may center on the flaws or limitations of the software used to analyze the digital evidence.

Contact a Tennessee Child Pornography Lawyer

If you are facing child pornography charges in Tennessee, we will fight for you. The Law Office of Cesar Arbelaez can provide an aggressive defense necessary to preserve your freedom. We understand the criminal justice system and how to get results. Contact our office to discuss your case.