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AII-1002-68767
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.Supporting sources are pending verification.

Supreme Court Upholds Criminal Penalties for AI-Generated Sexual Content Without Consent

Mexico's Supreme Court upheld criminal penalties of three to six years in prison for using AI to create and distribute non-consensual sexual imagery in Sinaloa. The Court rejected the federal government's challenge to the 2024 law, finding its definition of AI sufficiently clear within the context of sexual privacy crimes.

20 February 2025 路 Suprema Corte de Justicia de la Naci贸n (SCJN) 路 Harmful and abusive content
20 February 2025
AII-1002-68767
Quick facts
Category
Harmful and abusive content
Country
Mexico
Date
20 February 2025
Drafted by
Raidu Incident Detection

What happened

Mexico's Supreme Court of Justice (SCJN) upheld a 2024 reform to Sinaloa's Penal Code that criminalizes the use of artificial intelligence to create and distribute non-consensual sexual imagery. The Court voted 9 to 1 to reject an unconstitutionality challenge filed by the federal executive.

The law defines artificial intelligence in the context of sexual violence as "applications, programs or technology that analyze photographs, audio or video and offer automatic adjustments to make alterations or modifications." The statute targets the creation of false content with a realistic appearance that is shared without the victim's consent through any electronic means, with penalties ranging from three to six years in prison.

Index analysis

The federal executive had challenged the reform, arguing that the definition of artificial intelligence in the statute was imprecise and violated due process rights. However, the Court's majority, led by Minister Juan Luis Gonz谩lez Alc谩ntara, found the definition sufficiently clear within the context of the sexual privacy violation crime.

Governance controls

The reformed Article 185 Bis C of Sinaloa's Penal Code extends the crime of sexual privacy violation to specifically include the use of artificial intelligence to manipulate intimate sexual content without express, voluntary, and genuine consent. The statute aims to address digital violence through expanded criminal liability for this particular means of committing the offense.

Classification

Category
Harmful and abusive content
Industry
Media, social platforms and marketing
Country
Mexico
Harm status
Potential harm
Intent
Intentional
Timing
Unknown
Harm types
Human or fundamental rights, Psychological
Harmed
Women
Failure modes
Deepfake video
Consequences
Legislative action, Litigation
AI systems
AI tools for generating and manipulating sexual content

Sources and evidence

Sources not yet published

This record was researched and written by the Index from original reporting. Its sources are still being verified by an editor, and they are listed here once that check is complete. Until then the record carries no reviewer.

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