The Woodlands crime: First AI child porn arrest in Montgomery County; is legislation keeping up with AI crime?
MONTGOMERY COUNTY, Texas - A man was arrested on Saturday for possession of child pornography after allegedly using artificial intelligence to alter a teen girl's photo.
An investigation by Constable Ryan Gable’s Human Trafficking Unit. began on May 15, 2024, when it was discovered that Roman Shoffner, 30, had used an artificial intelligence program on his cellphone to alter a photograph of a 17-year-old girl by digitally removing her clothing.
Roman Shoffner (Photo: Constable Ryan Gable, Pct 3 Office)
The altered image depicted the teen girl's face with a nude body from the neck down.
In Texas, law prohibit anyone from possessing child porn and a 2023 amendment made it so modified images are included in the legislation.
"The modifications in the law that happened in 2023 stated that you cant have a modified image - one that depicts child porn," said Lt. Ken Washington with Montgomery County. "This one is the first time we've filed this charge," he said.
Shoffner’s cellphone was seized and underwent forensic analysis, leading Precinct 3 Detectives to establish probable cause. They determined that Shoffner had created the explicit image to possess illicit material, which resulted in the issuance of an arrest warrant.
The arrest of Shoffner marks a significant step in the ongoing efforts to combat the misuse of technology in creating and distributing explicit content.
According to the National Center for Missing and Exploited children, they had 4,700 reports of AI modified child porn to their tip line in 2023.
"There's a huge concern for trying to protect the children," said Washington.
The only other laws concerning AI in Texas are SB 751, which makes political deepfakes illegal and SB 1361 which outlaws pornography deepfakes targeting adults. Both crimes are class A misdemeanor punishable by up to a year in jail and fines.
The rise in AI crime has pushed Texas Lawmakers like Senator Ted Cruz to act. He held a field hearing last week on the "TAKE IT DOWN Act", a bill he hopes to turn into federal law.
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The act focuses on sexually explicit deep fake material, revenge porn and enforcement procedures when it comes to social media platforms removing any content posted.
The senator said to FOX26 in a statement: "In recent years, we’ve witnessed a stunning increase in exploitative sexual material online, largely due to bad actors taking advantage of newer technologies like generative artificial intelligence. Many women and girls are forever harmed by these crimes, having to live with being victimized again and again," said Senator Cruz. "While some states provide legal remedies for victims of non-consensual intimate imagery, states would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide. By creating a level playing field at the federal level and putting the responsibility on websites to have in place procedures to remove these images, my legislation will protect and empower all victims of this heinous crime."