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AII-1002-11183
Under investigationA regulator, court or police has opened a formal inquiry and reached no finding yet.

Montana man charged with creating AI-generated child sexual abuse material

Montana prosecutors charged a 31-year-old man with three felony counts of child sexual abuse after he allegedly used artificial intelligence to digitally alter images of a child obtained from social media to create child sexual abuse material. The case represents law enforcement's use of new legislation passed in Montana in 2025 to prosecute AI-facilitated child exploitation.

21 August 2025 Β· Shy Herbert McCutchan Β· Harmful and abusive content
21 August 2025
AII-1002-11183View source β†—
Quick facts
Category
Harmful and abusive content
Country
United States
Source
newstalkkgvo.com
Date
21 August 2025
Drafted by
Raidu Incident Detection

What happened

On August 21, 2025, Shy Herbert McCutchan, 31, was charged with three felony counts of sexual abuse of children for possession of explicit images and videos depicting a child under age 12. According to the Montana Attorney General's Office, McCutchan captured images of a child from the parents' public social media account and used artificial intelligence to create manipulated content with the photos.

The National Center for Missing and Endangered Children received multiple cyber tips that child sexual abuse material was uploaded to a wireless cloud backup from McCutchan's devices. At least one of the three counts involved AI-generated content. McCutchan was arrested in Alzada by the Carter County Sheriff's Office and the Division of Criminal Investigation.

Reported impact

A child's image from public social media was used without consent to create artificial intelligence-generated child sexual abuse material.

Index analysis

Montana Attorney General Austin Knudsen stated that using AI to digitally alter images of children located on social media is becoming more common among child sex predators. House Bill 82, passed and signed into law during the 2025 Legislative Session, allows for the prosecution of sex predators utilizing artificial intelligence to digitally alter images.

Governance controls

McCutchan is being held on a $250,000 bond as ordered by District Court Judge Rennie Wittman. He faces up to 100 years in prison for each of the three charges. An arraignment has been set for September 9.

Classification

Category
Harmful and abusive content
Industry
General or personal use
Country
United States
Harm status
Actual harm
Intent
Intentional
Timing
Unknown
Harm types
Psychological, Other, Human or fundamental rights
Harmed
Children
Failure modes
Deepfake image
Consequences
Police investigation, Litigation, Legislative action
AI systems
AI image manipulation tool
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

newstalkkgvo.com
Montana man charged with creating AI-generated child sexual abuse material