In short
- Arturo Hernandez and Cornelius Shannon were charged in federal court in Brooklyn under the Take It Down Act.
- The 2025 law makes it a federal crime to publish unsolicited intimate photos, including those created by AI, and requires platforms to remove such content within 48 hours.
- Last month, Ohio State Rep. James Strahler became the first person to be sentenced by the law after being accused of creating and distributing AI-generated pornographic images, including of minors.
Federal prosecutors indicted two men this week for using AI to create and distribute pornographic images of women without their consent, setting one of the biggest challenges to enforcement of the new Take It Down Act.
On Thursday, prosecutors in the Eastern District of New York was called Arturo Hernandez of Texas and Cornelius Shannon of New Jersey in separate lawsuits over alleged AI-generated pornography.
“The defendants used advanced digital technology to create images that humiliate and demean victims in the United States,” U.S. Attorney for the Eastern District of New York Joseph Nocella said in a statement. “This case makes it clear that posting fake porn is not a crime without a person.”
Prosecutors say Shannon and Hernandez posted thousands of AI-generated photos and videos of real people — including actors, musicians, politicians, and recent high school graduates — engaging in sexual activity. Shannon and Hernandez are said to have uploaded more than 470 albums featuring more than 140 women to the site whose AI-generated photos and videos have received millions.
Court documents say the images appear to use real, uncensored images manipulated by AI software into pornography. The men face up to two years in prison.
President Donald Trump he signed the Take It Down Act in May 2025. This law makes it a criminal offense for the government to knowingly publish or threaten to publish inappropriate intimate images, whether real or AI-generated. Online platforms are also required to remove reported content within 48 hours.
The Take It Down Act has received widespread support in Washington and comes as the courts face a growing wave of cases built with deep artificial intelligence, including cases is criticizing Elon Musk’s xAI and its Grok chatbot for creating and distributing sexually inappropriate images, such as images of children.
Several states, including California, Texas, Florida, and Pennsylvania, have them established the same rules, following the seamless and immersive AI-generated images.
In April, James Strahler, of Columbus, Ohio, became the first person condemned Under the law after pleading guilty to federal charges related to more than 700 AI images of adults and children.
“These acts of violence represent the misuse of technology that distorts the minds of victims, violates their privacy, dignity, and security,” said FBI Assistant Director James Barnacle Jr. “Using this emerging technology to abuse people is nothing new – it is a crime and will be prosecuted with the full force of the law.”
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