Q: Legal implications of AI-generated art flagged on DeviantArt

A: I am sorry that you are dealing with the consequences of moral panic over artwork. You are not the only one; many social media users are currently being wrongly flagged as child abusers over either artwork or other innocent materials such as family photos.

Thankfully you do have legal rights, and one of them is that you cannot be prosecuted over materials such as those that you are describing - even if they do depict characters who could be under 18 - if they have artistic merit, and are not unduly focused on the genitals or sexual acts. The specific test is:

1. Prurient Interest

The average person, applying contemporary community standards, would find that the work as a whole appeals to the prurient interest (i.e., it incites lust in an unhealthy or morbid way).

2. Patently Offensive

The work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by state law.

3. Lacks Serious Value

The work as a whole lacks serious literary, artistic, political, or scientific value.

I recommend you appeal your takedowns with DeviantArt. Additionally, there is a website https://harmfultominors.org/ that collects spurious bans and takedowns from Internet platforms that are justified on child safety grounds. If you would like to raise public awareness of problems with moderation at DeviantArt, I would recommend that you make a report there (or send it to me, and I can make the report anonymously on your behalf).

Meanwhile, you likely do not have anything to worry about from law enforcement. Most likely DeviantArt has not forwarded this to authorities as it is not clearly unlawful. Even if it was reported, authorities have enough real child abuse cases to take care of, that they are not prioritizing reports like these. So please keep this in perspective and don't let it chill your freedom of artistic expression.

A: You should be aware that images depicting sexualized minors, even in AI-generated form, are taken very seriously under federal and state law. Platforms like DeviantArt have automated systems that flag content, and if they believe it involves minors, they may report it to authorities. Even if you intended the characters to be 18+, the platform or law enforcement may review the content, so it’s important to act carefully.

Your first step is to preserve all communications, images, and your explanations that the characters are meant to be adults. Continue documenting your attempts to contest the takedowns and clarify the intended age of the characters. Avoid posting any additional content that could be misinterpreted until the situation is resolved.

It’s wise to consult with a criminal defense attorney who handles digital content or obscenity law in California before taking further action. They can help you respond to any inquiries and ensure your statements are accurate and legally protective. Prompt, documented communication with DeviantArt about the age of the characters can also support your defense if needed. Acting quickly and transparently is the best way to mitigate legal risk.