# Criminal Liability of Generative Artificial Intelligence Providers for User-Generated Child Sexual Abuse Material

arXiv: https://arxiv.org/abs/2601.03788 · HTML: https://mlsanity.com/paper/2601.03788/

## Key facts

- Cited by 1 papers in the map (data through 14 Oct 2026).
- Builds on 2 of its 48 references that are in the map.
- First posted on arXiv 7 Jan 2026.

## Builds on (most cited first, 2 of 2)

- [Safe RLHF: Safe Reinforcement Learning from Human Feedback](https://mlsanity.com/paper/2310.12773/) (2023)
- [Unveiling AI's Threats to Child Protection: Regulatory efforts to Criminalize AI-Generated CSAM and Emerging Children's Rights Violations](https://mlsanity.com/paper/2503.00433/) (2025)

## Built on by (most cited first, 1 of 1)

- [The Ethics of Autonomous AI Agents for Offensive Security](https://mlsanity.com/paper/2607.20255/) (2026)

## Abstract (arXiv)

The development of more powerful Generative Artificial Intelligence (GenAI) has expanded its capabilities and the variety of outputs. This has introduced significant legal challenges, including gray areas in various legal systems, such as the assessment of criminal liability for those responsible for these models. Therefore, we conducted a multidisciplinary study utilizing the statutory interpretation of relevant German laws, which, in conjunction with scenarios, provides a perspective on the different properties of GenAI in the context of Child Sexual Abuse Material (CSAM) generation. We found that generating CSAM with GenAI may have criminal and legal consequences not only for the user committing the primary offense but also for individuals responsible for the models, such as independent software developers, researchers, and company representatives. Additionally, the assessment of criminal liability may be affected by contextual and technical factors, including the type of generated image, content moderation policies, and the model's intended purpose. Based on our findings, we discussed the implications for different roles, as well as the requirements when developing such systems.