Because of a report of Piedmont Police presence on the Piedmont Middle School campus emailed to families on May 5, TPH looked into the California laws regarding minors who create, possess, or distribute AI-generated pornographic images and possible criminal charges, in addition to punishment at school.

Disciplinary Actions for Out-of-School Events

In CA, schools do have the ability to discipline students, even if the incident took place outside of school, or online in certain circumstances.

According to CA Education Code 48900, schools can take action if a student or group of students engaged in an act of bullying against another student. The term bullying includes something that could cause someone to experience negative physical or mental health. This includes an electronic act and cyber sexual bullying.

If any of these incidents did happen after school hours, they are still under jurisdiction if they are related to a school activity, attendance, or occurred while going to or leaving from school. An example of this would be an issue that transpired at Piedmont Park after a school day or a student sharing an explicit photo of another student via text message without consent.

Laws Regarding Deepfake AI Pornography

CA Civil Code 1708.86 was expanded in 2021 to cover pornographic AI deepfakes. This means that anyone who is depicted in a sexually explicit image without consent can sue for damages.

In terms of deepfakes of minors, pornography does not have to be of a real act and can be created by AI to qualify as child sexual abuse material, according to CA Penal Code.

The federal law 18 U.S.C. 2256’s definition of child pornography includes computer generated images that portray minors in sexually explicit conduct.

Consequences for Deepfake AI Pornography

Under CA Welfare & Institutions Code 602, a minor who commits an act that would be a crime if committed by an adult can be prosecuted in juvenile court. A minor can also face a civil lawsuit from the victims through their parents.

School and Legal Action

Discipline from the school and law enforcement can occur independently of each other, according to CA Education Code 48900. If an incident were to be both an infraction of school policy and the law, an individual can face both suspension, expulsion, or another punishment and criminal charges. They could also face just one or neither. Each entity may act on their own timeline and procedure; however, law enforcement typically acts faster.