Charged With an AI-Enabled Crime?
The Law Is Racing to Catch Up With Technology. Don't Let That Race Cost You Your Freedom.
Artificial intelligence has created an entirely new category of criminal exposure — and an entirely new set of legal questions that most defense attorneys are not equipped to answer. Carlo D'Angelo is a nationally recognized authority on technology crimes, a published legal scholar on the topic, and a media commentator who’s cases have appeared on CBS, MSNBC, FOX, and ABC. If your case involves AI, you need counsel who understands both the technology and the law.
What Is AI-Enabled Crime?
AI-enabled crime encompasses a rapidly expanding category of criminal conduct in which artificial intelligence tools are used to plan, execute, or conceal criminal activity — or in which AI-generated content is itself the subject of criminal charges. Prosecutors are applying existing fraud, cybercrime, harassment, and child exploitation statutes to AI-assisted conduct, often with novel and legally untested theories.
Carlo defends clients charged in connection with: deepfake fraud and impersonation, AI-generated child sexual abuse material (AI-CSAM), AI-assisted wire and mail fraud, voice cloning scams, AI-generated phishing and social engineering campaigns, algorithmic market manipulation, AI-assisted identity theft, and the use of AI tools to evade law enforcement surveillance.
These cases require counsel who understands how large language models, diffusion models, and generative AI systems work — not just the legal theory. Carlo brings that understanding to every case.
Legal Exposure in AI Crime Cases
AI-Generated CSAM
Congress passed the PROTECT Act to address AI-generated child sexual abuse material. The government's position is that AI-generated CSAM is prosecutable under 18 U.S.C. § 1466A regardless of whether any real child was depicted. These charges carry the same mandatory minimums as traditional CSAM offenses — and the legal and constitutional questions remain actively litigated.
Deepfake Fraud and Impersonation
Deepfake-assisted wire fraud, bank fraud, and impersonation of government officials or financial institutions are charged under existing federal fraud statutes — with potential sentences of 20 years per count under 18 U.S.C. § 1343. Several states, including Texas, have enacted specific deepfake criminal statutes.
AI-Assisted Cybercrime
The Computer Fraud and Abuse Act (CFAA) is being applied to AI-assisted intrusions, automated vulnerability exploitation, and AI-generated malware. Sentences under the CFAA range from 1 year for misdemeanor violations to 20 years for offenses involving critical infrastructure.
Texas AI Crimes
Texas has enacted laws targeting deepfakes used in elections (Tex. Elec. Code § 255.004) and nonconsensual deepfake intimate images (Tex. Penal Code § 21.165). Violations carry misdemeanor to felony exposure depending on circumstances.
Carlo's AI Crime Defense Strategys
Challenging the Technology Evidence
Government forensic experts in AI crime cases often overstate the certainty of their conclusions. Carlo retains qualified AI and machine learning experts to challenge attribution of AI-generated content to a specific defendant, question the reliability of AI detection tools, and contest the chain of custody for digital evidence.
First Amendment and Void-for-Vagueness Challenges
Many AI crime statutes — particularly those targeting AI-generated content — are being challenged on First Amendment grounds and for unconstitutional vagueness. Carlo evaluates every AI crime case for applicable constitutional challenges that can result in dismissal of charges or suppression of evidence.
Mens Rea and Knowledge Defenses
Criminal liability for AI-assisted conduct requires proof that the defendant acted knowingly or intentionally. Where AI tools were used by a third party, where automated systems operated without human direction, or where the defendant lacked knowledge of the criminal application of technology, Carlo builds defenses that negate the required mental state.
Sentencing in Novel Technology Cases
When AI crime convictions occur, sentencing judges often have little precedent to guide them. Carlo capitalizes on this uncertainty through comprehensive sentencing memoranda that contextualize the novelty of the offense, challenge Guidelines enhancements designed for traditional offenses, and advocate for sentences that reflect the unique nature of AI-assisted conduct.
Frequently Asked Questions
Q: Is AI-generated CSAM actually illegal under federal law?
The government's position is yes, based on 18 U.S.C. § 1466A. However, First Amendment challenges to this statute remain legally active and have succeeded in some contexts. This is an area of rapidly evolving law where aggressive defense can produce outcomes that more passive representation cannot. Carlo tracks these developments closely.
Q: Can I be prosecuted for using AI tools I didn't know were being used to commit crimes?
Criminal liability requires knowledge and intent. If you did not know AI tools you interacted with were being used for illegal purposes, a strong mens rea defense exists. The government must prove beyond a reasonable doubt that you knew about and intended the criminal use of the technology.
Q: What is a deepfake and why is it a crime in Texas?
A deepfake is a synthetic media file — typically video or audio — in which a person's likeness or voice is artificially generated or manipulated using AI. Texas criminalizes deepfakes in two contexts: deepfake political advertising without disclosure (election code violation) and deepfake intimate images created or distributed without consent (criminal harassment/exploitation). Federal charges may also apply where deepfakes are used in fraud schemes.
Q: What should I do if I'm under investigation for an AI-related crime?
Do not speak to investigators without counsel. Do not delete files, messages, or accounts — this can constitute obstruction of justice. Call Carlo immediately. Pre-arrest representation in AI crime investigations can change the outcome entirely.
AI Crime Is New Territory. Your Defense Attorney Shouldn't Be Learning on the Job.
Carlo D'Angelo is a nationally recognized authority on AI-enabled crime — a published scholar, media commentator, and courtroom advocate who has defended these cases when the law was still being written. Call now.