Minor Sexual Communication Offenses and Deepfake Crimes

Under D.C. Code $22-3052, it is unlawful for a person to transmit sexual images or messages to a minor with the intent to harass, abuse, threaten, or embarrass. This statute broadly covers any knowing disclosure of sexual images without consent, extending to communication with minors. The law applies to any form of communication media, including text messages, email, direct messaging apps, and video calls, highlighting the comprehensive legal approach to digital safety.

A broad range of online behavior falls under the prohibition of unlawful sexual communication with minors. This conduct is not limited to explicitly pornographic material but encompasses any act intended to violate the minor's dignity or establish a sexual context.

• Sending Explicit Texts: Sharing explicit texts, images, or videos to a known minor via platforms like Instagram.
• Snapchat Misuse: Sharing sexually suggestive photos or videos through ephemeral messaging apps like Snapchat.
• Obscene Conversations: Using a random chat application to initiate obscene or sexually themed conversations with a child.
• Requesting Sexual Media: Soliciting sexual photos or videos from a minor, even when attempting to maintain anonymity.

A prosecution for this crime typically involves meeting several detailed legal criteria under the D.C. Code, particularly focusing on the minor's age and the defendant's deliberate action. The following five criteria must generally be met for a charge under the relevant D.C. Code sections to hold:

• Minor Status: The alleged victim must be a person under 18 years old.
• Use of Medium: The defendant knowingly utilized an electronic communication medium for the transmission.
• Content Nature: The content sent was definitively sexual or obscene in nature.
• Criminal Intent: There was clear intent to arouse or satisfy sexual desires, or to humiliate or harass the minor.
• Victim Harm: The message caused, or was reasonably likely to cause, emotional or psychological distress to the minor.

The court evaluates whether the defendant's actions had a specific “sexual purpose.” Proving the defendant's intent is often the cornerstone of the prosecution's case in these digital offenses. This legal standard includes both attempts to gratify one's own sexual desires and behavior specifically aimed at demeaning, violating the dignity, or psychologically abusing the victim.

Using AI to fabricate sexually explicit content that features a minor’s likeness—whether a real person's image is used or a synthetic depiction—can be prosecuted. These acts fall under the umbrella of creating or sharing child sexual abuse material (CSAM) and are covered by multiple sections of the D.C. Code, including $22-3531 and $22–3101. If the deepfake depicts a minor and is distributed intentionally, the offender may face overlapping charges related to the possession, production, and dissemination of CSAM.

Sentencing guidelines establish the maximum penalties for these serious digital offenses, underscoring the legal system's commitment to protecting minors.

Beyond criminal incarceration and fines, a conviction may trigger a host of civil and collateral consequences that severely limit the convicted individual’s opportunities. These sanctions are designed to protect the public and regulate the behavior of those who have committed sex offenses.

• Mandatory Registration: Requirement for mandatory, potentially lifetime, registration as a sex offender.
• Employment Restriction: Inability to secure employment involving children or in fields requiring public trust.
• Supervision Requirements: Electronic monitoring, mandatory psychological counseling, or intensive community supervision requirements.
• Public Eligibility: Ineligibility for certain public benefits, professional licenses, or housing in specific areas.