Federal prosecutors have charged Arturo Hernandez and Cornelius Shannon with federal crimes under the 2025 Take It Down Act for generating and distributing non-consensual AI-generated intimate imagery. This law, which President Donald Trump signed in May 2025, criminalizes the publication of non-consensual imagery, including content generated through AI, and mandates that online platforms remove such material within 48 hours. The charges highlight a significant enforcement action against deepfake pornography, following the first conviction under the law last month of James Strahler II, who pleaded guilty to similar offenses involving over 700 AI-generated images.
Joseph Nocella: Joseph Nocella serves as the U.S. Attorney for the Eastern District of New York and oversaw the federal charges against Arturo Hernandez and Cornelius Shannon. He stated that the case demonstrates posting deepfake pornography is not a victimless crime. Nocella emphasized the use of cutting-edge digital technology to violate victims.
Arturo Hernandez: Arturo Hernandez is a Texas resident charged in federal court in Brooklyn with using AI technology to create and distribute non-consensual intimate images. He is one of two defendants in separate cases brought under the Take It Down Act for allegedly posting thousands of AI-generated explicit images and videos. Prosecutors describe the conduct as degrading victims across the United States.
Take It Down Act: The Take It Down Act is a federal law signed by President Donald Trump in May 2025 that makes it a crime to knowingly publish or threaten to publish non-consensual intimate imagery, including AI-generated deepfakes. The legislation also requires online platforms to remove reported content within 48 hours. It forms the basis for the recent federal charges against Arturo Hernandez and Cornelius Shannon.
Cornelius Shannon: Cornelius Shannon is a New Jersey resident charged in federal court in Brooklyn with using AI technology to create and distribute non-consensual intimate images. He is one of two defendants in separate cases brought under the Take It Down Act for allegedly uploading hundreds of albums of altered explicit content depicting over 140 women. The charges highlight enforcement against the distribution of AI deepfake pornography.
James Strahler II: James Strahler II is a resident of Ohio who became the first person convicted under the Take It Down Act after pleading guilty last month to creating and distributing AI-generated pornographic images. His case involved charges related to images of both adults and minors. Strahler’s conviction preceded the more recent charges against Hernandez and Shannon.
James Barnacle Jr.: James Barnacle Jr. is the FBI Assistant Director in Charge who commented on the enforcement of the Take It Down Act in the Hernandez and Shannon cases. He described the conduct as a disturbing abuse of technology that inflicts emotional harm on victims. Barnacle stressed that such criminal use of emerging technology will be pursued aggressively.
Legislation: The Take It Down Act received bipartisan support in Washington and applies to both authentic and AI-generated imagery.
State Actions: Several states including California, Texas, Florida, and Pennsylvania have enacted similar laws targeting non-consensual intimate imagery and AI-generated deepfakes.
Litigation Trend: Courts are confronting a growing wave of lawsuits tied to AI-generated deepfakes, including cases involving major technology companies.