Repeat Sex Offender Convicted of Child Exploitation Offenses, Including Receiving and Possessing AI-Generated Child Sexual Abuse Material

A federal jury convicted a sex offender yesterday of receiving and possessing child sexual abuse material and receiving and possessing AI-generated images of child sexual abuse.

Cody L. Prater, 28, of McArthur, Ohio, was convicted of four counts related to his receipt and possession of both child pornography and obscene visual representations of the sexual abuse of children.  Before trial, Prater challenged his indictment on First Amendment grounds; however, the Court denied his motion, ruling that the possession and receipt of obscene, generative AI material depicting the sexual abuse of children is not constitutionally protected speech.

According to evidence presented at trial, Prater received and possessed videos depicting the rape and sadistic sexual abuse of real minors, primarily babies and toddlers.  He also used an artificial intelligence text-to-image program to convert his text prompts into photorealistic depictions of child sexual abuse, including bestiality, nude prepubescent children being mutilated and tortured, and children engaged in sexual acts with adults.

“Cody Prater created, possessed, and trafficked images depicting the brutal sexual abuse of infants and toddlers, including Artificial Intelligence generated images,” said Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division.  “Child sexual abuse material, including that which is AI-generated, causes substantial harm. It further creates depraved and sadistic desires to harm real children. A seminal prosecution goal of the Department of Justice is to protect the innocent. Our children and their families deserve vigorous investigation and prosecution of those who create, share, possess, or otherwise illegally engage with such material.” 

“Prater collected vile videos of real babies and toddlers being sexually abused and created other AI-generated obscene material involving children,” said U.S. Attorney Dominick S. Gerace II for the Southern District of Ohio. “We will continue to crack down on those who victimize children through these horrific materials. I commend the investigators and trial team for their outstanding work.”

“Homeland Security Investigations is committed to protecting children from exploitation, whether that abuse is captured in traditional imagery or generated with emerging technologies like artificial intelligence,” said Acting Special Agent in Charge Jared Murphey of Homeland Security Investigations (HSI) Detroit. “This verdict underscores that there is no distinction under the law between child sexual abuse material involving real victims and AI generated depictions of such horrific crimes. HSI will continue to work tirelessly with our federal, state, and local partners to identify offenders, dismantle the networks that enable this abuse, and ensure that those who prey on children are brought to justice.”

The court has not set Prater’s sentencing yet. He faces a mandatory minimum penalty of 15 years and a maximum penalty of 40 years in prison on particular charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

HSI Detroit investigated the case.

Trial Attorney Eduardo Palomo of the Justice Department’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Emily Czerniejewski and Tyler Aagard for the Southern District of Ohio are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/