Artificial Intelligence and Indecent Images – Measures in the Crime and Policing Bill

The Crime and Policing Bill, introduced in February 2025, includes significant measures to address the growing threat of AI-generated indecent images and strengthen law enforcement powers in tackling child sexual abuse material (CSAM).

Artificial Intelligence and Indecent Images

Building on existing legislation, the bill aims to modernise legal frameworks, enhance detection at the UK border, and criminalise emerging online threats related to AI-generated abuse imagery and online facilitation of child exploitation.

Strengthening Border Force Powers to Detect CSAM

The bill enhances the ability of Border Force officers to detect and seize CSAM at UK entry and exit points. While CSAM was previously identified in physical formats such as photographs or DVDs, offenders now store material digitally on encrypted devices.

The bill amends the Customs and Excise Management Act 1979 (CEMA) to give officers the power to:

• Compel individuals to unlock digital devices where there is reasonable suspicion of CSAM.
• Use rapid scanning technology to check devices against the Child Abuse Image Database (CAID), which can identify known abuse material within seconds.
• Criminalise refusal to comply, making obstruction an offence under the Commissioners of Revenue and Customs Act 2005.

These measures close existing loopholes and prevent offenders from transporting illicit material across borders undetected.

Criminalising AI-Generated CSAM

Artificial Intelligence (AI) is increasingly being used to create hyper-realistic child sexual abuse images, sometimes depicting real children. While creating, possessing, or distributing AI generated indecent images is already illegal under the Protection of Children Act 1978, AI models specifically trained to generate CSAM are not explicitly covered.

What is the current legislation on AI and indecent images?

The creation, possession and distribution of indecent images and child sexual abuse material (“CSAM”) is already unlawful.

The relevant legislation includes:

• Section 1 of the Protection of Children Act 1978 which makes it an offence to take, or permit to be taken, or to make, distribute or show an indecent photo or pseudo-photograph (this covers photo-realistic generated images) of a child.
• Section 62 of the Coroners and Justice Act 2009 which makes it an offence to be in possession of a prohibited image of a child, which is an image that is pornographic, ‘grossly offensive, disgusting or otherwise of an obscene character’, focus on the child’s genitals or portray sexual acts. This offence is targeted at non-photographic images, such a computer-generated images, cartoons and drawings.
• Section 160 of the Criminal Justice Act 1988 which makes it an offence for a person to have in their possession any indecent photograph or pseudo-photograph of a child.
• Section 69 of the Serious Crime Act 2015 which provides for an offence of being “in possession of any item that contains advice or guidance about abusing children sexually” which targets so-called “paedophile manuals”.
• Sections 44 and 45 of the Serious Crime Act 2007 which provide for the offences of intentionally encouraging or assisting the commission of an offence, or encouraging or assisting the commission of an offence believing it will be committed.

How will the new legislation criminalise AI-generated indecent images?

The Crime and Policing Bill introduces a new offence that makes it illegal to adapt, possess, or distribute AI models designed to create CSAM, punishable by up to five years’ imprisonment.

It also:

• Expands the definition of CSAM to explicitly include AI-generated content.
• Grants the Secretary of State the power to permit relevant bodies (e.g., Ofcom, intelligence agencies) to access AI CSAM generators for crime prevention research.

With over 3,000 AI-generated CSAM images identified on a single dark web forum in one month, these measures are crucial in combating the evolving use of AI in online child exploitation.

Expanding the ‘Paedophile Manuals’ Offence

A ‘paedophile manual’ is any document containing guidance on sexually abusing children.

The Serious Crime Act 2015 criminalised possession of such materials, but existing definitions excluded AI-generated images.

The Crime and Policing Bill closes this loophole by:

• Expanding the offence to cover pseudo-photographs and prohibited images under the Protection of Children Act 1978 and Coroners and Justice Act 2009.
• Ensuring AI-generated guides on creating CSAM are criminalised in the same way as manuals for committing real-world offences.

This amendment reflects the serious and harmful nature of AI-generated abuse content and prevents offenders from using technological gaps in the law to evade prosecution.

Criminalising Website Administrators and Moderators

To eliminate safe spaces for offenders online, the bill introduces a new offence targeting individuals who facilitate child sexual abuse by:

• Maintaining, coding, or controlling websites used to distribute CSAM.
• Providing access to such platforms.
• Enabling or promoting CSA-related offences.

This offence ensures that not only content creators but also those who enable or profit from child exploitation are held criminally liable.

The Crime and Policing Bill seeks to introduce reform to address the growing intersection of AI and online child exploitation. By enhancing law enforcement powers at the border, criminalising AI-generated CSAM, closing legal loopholes, and targeting online facilitators, the bill seeks to strengthen the UK’s response to evolving digital threats.

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