Wisconsin Law Enforcement to Enforce State AI Child Abuse Law

Wisconsin Officials Vow to Continue Prosecuting AI-Generated Child Abuse Cases

Wisconsin law enforcement officials say they will continue enforcing state laws against AI-generated child sexual abuse material, despite a recent federal appeals court ruling that found such possession protected by the First Amendment in certain circumstances.

According to WEAU, a federal appeals judge ruled last Tuesday that the First Amendment protects private possession of child sexual abuse material created using artificial intelligence. The decision stemmed from the 2024 arrest of a Wisconsin man federally charged with creating AI-generated child sexual abuse material. The court reasoned that the material does not depict a real child and was possessed privately in the person's home.

State Law Differs from Federal Interpretation

Chippewa County Sheriff Travis Hakes told WEAU he finds the federal ruling "appalling and disgusting," noting that Wisconsin state law was specifically amended to address AI-generated material. "Whether it's a real child or not, there are attributes derived from a real child used to create that image," Hakes said.

Lake Hallie Police Chief and State Senator Jesse James helped amend Wisconsin statute to expand the definition of "possession of child pornography." The state law defines a "depiction of a purported child" as "a visual representation that appears to depict an actual child but may or may not depict an actual child."

This broader definition directly addresses AI-generated content, regardless of whether it depicts an identifiable real child.

Federal Versus State Jurisdiction

Dustin Haskell, Milwaukee Regional Attorney Manager with the Wisconsin State Public Defender, explained that the federal Court of Appeals for the 7th Circuit ruling would not have considered state statute in its decision. However, he noted that those litigating in Wisconsin state courts are watching to see how federal interpretations might affect the constitutionality of similar state laws.

Enforcement to Continue Under State Authority

Both Hakes and James confirmed they will continue operating under Wisconsin state statute. "Until we're told otherwise, we're going to operate based on the state statute," Hakes said.

James added that district attorneys can still charge individuals with creation, manufacturing, possession, and reception of child pornography under state law.

Why It Matters

The divergence between federal and state law on AI-generated child sexual abuse material creates a complex legal landscape that could affect how technology companies, law enforcement, and courts handle these cases. While federal courts may protect certain private possession under First Amendment grounds, state prosecutors retain authority to charge individuals under broader state definitions. This jurisdictional split highlights the ongoing challenge lawmakers face in addressing rapidly evolving AI capabilities while balancing constitutional protections.

These details were first reported by WEAU.