Fitzgerald’s is a rare case where an official employed by the state’s top law enforcement and legal office has been accused of making and distributing AI CSAM, although some cops have been arrested for the crime. Earlier this year, a Pennsylvania cop was arrested for making AI porn from photos on driver’s licenses, and more recently in Korea, a police officer was arrested for making AI porn, including CSAM, The Korea Times reported.
In New Jersey, the deputy attorney general has been charged with possession of CSAM, dissemination of photos or film of CSAM, and “criminal use of a communication facility,” detectives said.
What you are describing here is just a sexual fantasy.
It could be debatable that someone cannot imagine to have sex with the hot actress of the day (or the hot colleague) or to create a fake nude image of her to fantasize on, without harming in any way the object of his fantasy.
It depends. How do you consider a personal sexual fantasy involving other people ?
That said, since the problem is the CSAM image in itself, as it should be, punish who create and distribute the images (like the real ones), not the platform/tool used to create them.
Else you should also punish who build the camera used to take the real images, don’t you think ? (btw, you would never be able to punish someone who draw a CSAM image and keep it for itself, like you would be never be able to punish who create a fake image of the hot actress and keep it for itself, without violating his privacy)