AI-Generated Explicit Images: Legal Help for Victims in Indiana

Someone takes an ordinary photo of you or your child, from social media, a school event, or a professional photo shoot, and uses AI to turn it into a sexually explicit image. You never agreed to it. You may not know it exists until someone tells you.

With AI tools now easily accessible and everywhere, this kind of scenario is unfortunately happening more and more to both adults and children — and the law is still catching up. Ladendorf Fregiato & Bigler helps people in Indiana understand their options when an image of them has been altered and shared.

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– Luke B.

When AI Fakes Cause Personal Injury

AI tools can now produce realistic images from a single photo, and in fact, some AI tools are built specifically to do so. The often inappropriate, explicit, and NSFW results can spread through group chats, social platforms, and private messages before the person in the photo has any idea.

The image is fake, but the harm to the person in it is not. Advocates call this image-based sexual abuse, and it can mean fear, damage to a reputation, and trouble at school or work.

How Does Indiana Law Treat AI-Generated Explicit Images?

Indiana doesn’t handle deepfake images under one law. Different statutes can apply depending on who is in the image and what was done with it. Additionally, different types of cases can be pursued. A criminal case is brought by a prosecutor, not by you. Its purpose is to punish the person responsible. A civil case is one you bring, with a lawyer, to seek compensation for the harm done to you. Both can happen at the same time.

When the Image Shows a Child

Under IC 35-42-4-4, Indiana’s child sexual abuse material laws apply to computer-generated images, not only photographs. Making, sharing, or possessing this kind of material (sometimes called AI-generated CSAM) is a serious crime, with possession classified as a Level 6 felony and child exploitation classified as Level 5. .

When the Image Shows an Adult

Indiana’s intimate image law, IC 35-45-4-8, has been updated to cover AI-generated and computer-edited images of real, identifiable people. Sharing one without the person’s consent can be a crime.

A federal law passed in 2025, the TAKE IT DOWN Act, also requires covered online platforms to remove intimate images shared without consent, including AI-generated ones, once a victim reports them.

Who Can Be Sued?

The landscape around AI is very uncertain, with laws unsettled and in flux. The party that can be held legally responsible depends on the facts of the case, but in general, three groups come up:

1. The person who made or shared the image.A civil claim against this person is possible, but whether or not it leads to meaningful compensation for the victim depends on the facts, including insurance policies that might apply.
2. Someone who had access to the original photos.If the source photos came from a business, such as a photographer, and were handled carelessly, that can impact the case.
3. The company behind the AI tool.Some image tools have safeguards that refuse to create this kind of content. Others don’t. A company that releases a tool without adequate safeguards can potentially be held responsible,

Much of the law around AI-generated images is new legal ground, but Ladendorf Fregiato & Bigler is dedicated to advocating for victims whatever the outcome.

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– Adam W

What to Do If You’re a Victim of AI-Generated Explicit Images

If AI crime has happened to you or your child, these steps are a starting point.

If the image is of a child

• Don’t screenshot, download, save, or forward the image, even to show someone you trust. Having a copy can create problems of its own.
• Write down where you saw it: the platform, the account name, the link, and the date and time.
• Report it to the National Center for Missing & Exploited Children through its CyberTipline, and to local law enforcement. Both can act to have the content preserved and removed.
• NCMEC’s Take It Down service can help get images of minors removed from participating platforms.
• Don’t confront the person who made or shared it, and don’t delete messages or accounts that may show what happened.
• Call an attorney.

If the image is of an adult

• Document where it appears: links, account names, dates, and any messages that came with it.
• Report it to the platform and ask for removal. Federal law now requires covered platforms to have a process for this.
• StopNCII.org lets adults create a digital fingerprint of an image so participating platforms can block it from being shared.
• Report it to law enforcement.
• Talk to an attorney before you contact the person who did it.

Why Talk to Ladendorf Fregiato & Bigler

When the law is unsettled and the defendants large companies with serious resources, cases aren’t simple. But Ladendorf Fregiato & Bigler is an Indianapolis personal injury firm that’s dedicated to taking on cases where someone was wronged, even—especially—when we have to fight for justice.

If you or someone you love has been a victim of AI-generated deepfakes, reach out today or call 317-842-5800 for a free consultation.

“I can’t thank Taylor Ivy at Ladendorf Law enough for everything they’ve done for me. They have helped me through multiple cases and have always treated me with professionalism, honesty, and genuine care.”
– Carrie M