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AI & Deepfake Offences

At Draycott Browne, we provide specialist legal defence for individuals facing allegations of creating or sharing sexually explicit content using artificial intelligence. The law has changed in response to the growing use of AI to create deepfakes, with new offences addressing intimate images created or shared without consent.

These allegations are highly sensitive and can lead to police involvement, the seizure of digital devices and serious reputational harm. Questions around consent and reasonable belief in consent can be central to a case, while digital evidence may be examined to establish how an image was created or shared.

With over 25 years of experience defending sexual offence allegations, Draycott Browne represents clients nationwide in serious and sensitive cases. We provide clear strategic advice from the outset and robust representation throughout an investigation and any court proceedings that follow.

If you have been contacted by the police or believe you may be under investigation, seeking legal advice at an early stage can help protect your position. Call today to speak to one of our specialist Deepfake Solicitors in complete confidence.
 

How We Will Help You

If you are under investigation, our solicitors will act quickly to understand the allegations and advise you on the steps you should take. We provide clear guidance from the outset and build a defence around the evidence and circumstances of your case.

We can assist by:

  • Establishing how the alleged deepfake was created
  • Examining evidence linking the material to you
  • Challenging allegations that you created or shared the content
  • Examining evidence relating to consent and your understanding of consent
  • Reviewing metadata files devices and account activity
  • Investigating the AI tools used to generate the material
  • Instructing digital forensic experts to challenge technical evidence
  • Identifying weaknesses and inconsistencies in the prosecution case

Deepfake allegations can turn on highly technical digital evidence as well as questions about who created the material and the circumstances in which it was produced or shared. Our solicitors will test the evidence against you and consider any material that supports your account.

Where allegations are disputed, we will build a defence around the specific issues in your case. This may involve challenging attribution, questioning the interpretation of digital evidence, examining evidence of consent or demonstrating that the prosecution cannot establish the elements of the alleged offence.

If you have been contacted by the police or believe you may be under investigation, contact Draycott Browne for confidential advice. We are available 24 hours a day to provide urgent legal representation.

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Our legal team is available 7 days a week

Criminal Defence Expertise for Deepfake Offences

Our Experienced Sexual Offence Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What Does the Law Say About Deepfake Offences?

The law in England and Wales now specifically addresses the creation of sexually explicit deepfake images. The Data (Use and Access) Act 2025 introduced new offences into the Sexual Offences Act 2003 which came into force in February 2026.

It is a criminal offence to intentionally create a purported intimate image of an adult without their consent and without a reasonable belief that they consented. It is also an offence to request the creation of this type of image in these circumstances.

The law also covers the sharing of intimate images. Under provisions introduced by the Online Safety Act 2023, an offence can be committed where an intimate image is shared without consent and without a reasonable belief in consent. Further offences apply where material is shared with the intention of causing alarm, distress or humiliation or for the purpose of obtaining sexual gratification.

A purported intimate image can include content created or altered using artificial intelligence that appears to show a real person in an intimate state, despite the image not being an authentic photograph or film of that person. This means the law can apply to realistic deepfakes as well as other forms of digitally manipulated intimate content.

The circumstances surrounding the creation or sharing of an image are important when determining which offence may apply. If you are under investigation, our solicitors can examine the evidence and advise you on your position before you respond to police questions.
 

Examples of Behaviour That May Be Criminalised

The law does not criminalise every use of artificial intelligence or image editing technology. However, creating or requesting the creation of a purported intimate image of an adult without their consent and without a reasonable belief in their consent can amount to a criminal offence.

Examples of conduct that may result in an investigation include:

  • Creating a sexually explicit deepfake of another adult without their consent
  • Using AI to place a real person into sexually explicit content
  • Requesting an AI generated intimate image of another person without their consent
  • Sharing an intimate deepfake without the consent of the person depicted
  • Uploading non consensual intimate deepfakes to websites or social media
  • Distributing intimate deepfakes through private messages or online groups
  • Threatening to share intimate deepfake material in circumstances covered by the law

Creating and sharing this type of material are dealt with separately under the law. An image does not need to be published or sent to another person for the act of creating it to result in an investigation or prosecution where the legal requirements of the creation offence are met.
 

What Are the Penalties for Deepfake Offences?

The penalties for offences involving sexually explicit deepfakes depend on the conduct involved and the specific offence charged. Creating an intimate deepfake and sharing one are dealt with separately under the Sexual Offences Act 2003, so the potential sentence will depend on the circumstances of the case.

 

Creating or Requesting an Intimate Deepfake

Intentionally creating or requesting the creation of a purported intimate image of an adult without consent or a reasonable belief in consent is a summary offence. A conviction can result in a fine or imprisonment up to the maximum term available for a summary offence or both.

 

Sharing an Intimate Deepfake

Different penalties can apply where intimate material is shared or threatened to be shared. The seriousness of the offence can depend on factors including the circumstances in which the material was distributed and whether there was an intention to cause alarm distress or humiliation or to obtain sexual gratification.

 

A Criminal Record

A conviction will result in a criminal record and may have wider consequences for employment professional responsibilities and other areas of a person’s life.

 

Placement on the Sex Offenders Register

Some intimate image offences can result in notification requirements commonly referred to as being placed on the Sex Offenders Register. These requirements do not automatically apply to every offence involving a deepfake image and will depend on the offence of conviction and the relevant statutory conditions.

The potential consequences therefore vary significantly from case to case. If you are under investigation our solicitors can establish which offence is being considered, explain the potential penalties and begin preparing your defence at an early stage.

Specialist Deepfake Offence Solicitors

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne today.

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24-Hour Availability

Investigations involving deepfake pornography can happen at any time. That’s why we are available 24 hours a day to provide immediate legal support. If you are contacted by the police or asked to attend an interview, early advice is crucial. We are ready to protect your rights from the moment you need us.

Funding Your Defence

At Draycott Browne, we believe that financial circumstances should not prevent you from accessing experienced legal representation. Depending on your circumstances and the stage of your case, you may be eligible for financial support through the Legal Aid scheme.

Private funding provides access to a more extensive level of service. Legal Aid places limits on the work that can be undertaken, while private funding gives our team greater scope to investigate the evidence, prepare your defence and pursue relevant lines of enquiry.

This can be especially important where digital evidence requires detailed examination. With greater flexibility, we can devote additional time to investigating how material was created, stored or shared and instruct forensic or technical experts where their expertise could assist your defence.

For serious or sensitive allegations, we recommend considering private funding where it is financially possible. It allows us to prepare your case in greater depth and ensure that every relevant aspect of the evidence receives proper attention.

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Our legal team is available 7 days a week

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Contact Draycott Browne Solicitors

When facing allegations involving the creation or distribution of sexually explicit deepfake content, it is vital that you instruct a solicitor with proven experience in defending sensitive and reputationally damaging sexual offence cases.

Based in Manchester, Draycott Browne represents clients across England and Wales, including London, Liverpool and Birmingham. We provide clear advice from the outset and can represent you during a police investigation, at interview and throughout any court proceedings that follow.

We are available 24 hours a day, seven days a week. If you have been arrested, contacted by the police or believe you may be under investigation for a deepfake offence, call Draycott Browne’s criminal solicitors today or complete our contact form for confidential legal advice.

Frequently Asked Questions for Deepfake Offences

Yes. Creating and sharing intimate deepfake material are separate issues under the law. An allegation can arise from the creation of a purported intimate image of an adult without their consent and without a reasonable belief in their consent even if the image was never uploaded or sent to another person.

This means an investigation may focus on how an image was created rather than whether it was subsequently distributed.

The prosecution must establish your involvement in the alleged offence. The fact that material was found on your device or linked to an account you use does not automatically answer the question of who created it.

Evidence such as account activity, device data, files, messages and the circumstances in which the material was generated may therefore become important. Where responsibility is disputed, we can examine the digital evidence and challenge assumptions about who created or requested the material.

Potentially. An investigation may involve evidence showing how an AI generated image was requested or created. Depending on the platform and the evidence available, this could include prompts, account activity, messages, stored files and other digital records.

The meaning and reliability of that evidence still need to be considered in context. Our solicitors can examine what the evidence actually establishes and whether it reliably links you to the alleged creation or request.

Different and potentially very serious offences can arise where an AI generated or manipulated image appears to depict a child. The new offences concerning purported intimate images of adults do not replace the separate laws governing indecent images of children.

If an allegation involves an image said to depict someone under 18, you should obtain specialist legal advice before answering police questions. The applicable offences and the evidence that must be considered can differ substantially from an adult deepfake case.

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