Our Knowledgeable Criminal Defense Lawyers Discuss What’s Considered a Deepfake Porn Crime in Virginia
In the digital age, the proliferation of technology has led to new forms of criminal behavior, one of which is the creation and dissemination of deepfake porn. This is considered a serious offense that carries stiff punishments. If you’re arrested for producing deepfake porn in Virginia, you need the assistance of an experienced Manassas defense lawyer at The Wilson Law Firm who can protect your legal rights and raise your defenses to fight the charges you face.
What Is Deepfake Porn? 
This criminal act involves the malicious dissemination or sale of manipulated images or videos, usually generated by artificial intelligence software, depicting individuals in compromising situations.
Here are the key elements of the crime under Virginia Code §18.2-386.2:
- Lewd imagery. The material in question must depict the victim in a state of complete nudity or undress, exposing sensitive body parts such as genitals, pubic areas, buttocks, or female breasts. Often these images are generated from existing normal photographs or videos and altered to be pornographic.
- Intentional harm. The accused must have the intention to coerce, harass, or intimidate the victim through the dissemination of deepfake pornographic material.
- Malicious purpose. The act of distributing or selling the manipulated images or videos must be done with malicious intent.
- Understanding of the wrong. The accused must know or have reason to know that they’re not licensed or authorized to distribute or sell deepfake pornographic images.
What Are the Penalties for Deepfake Porn?
In Virginia, deepfake porn is classified as a Class 1 misdemeanor. If convicted, you may face serious penalties, including:
- Jail time. Depending on the circumstances of the case and your prior criminal history, your sentence could include a jail sentence of up to 12 months.
- Fines. The court may impose substantial fines of up to $2,500 as part of the penalty for the offense.
- Probation. In addition to or instead of jail time, you might be placed on probation, requiring you to comply with specific conditions set by the court.
- Criminal record. If convicted, you may have a permanent criminal record. This might make it difficult for you to find housing or employment, try to obtain an education, or result in additional long-term consequences in your life.