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By.... checking the age of the person depicted in the image?
If you make a picture today of someone based on how they looked 10 years ago, we say it's depicting that person as the age they were 10 years ago. How is what age they are today relevant?
I'm unsure of the point you're trying to make?
It's relevant in this case because the age they are today is underage. A picture of them 10 years ago is underage. And a picture of anyone made by AI to deep fake them nude is unethical irregardless of age. But it's especially concerning when the goal is to depict underage girls as nude. The age thing specifically could get a little complicated in certain situations ig, but the intent is obvious most of the time.
I'm obviously not advocating or defending any particular behavior.
Legally speaking, why is what age they are today relevant rather than the age they are depicted as in the picture? Like, imagine we have a picture 20 years from now of someone at age 37. It's legally fine until it's revealed it was generated in 2023 when the person in question was 17? If the exact same picture was generated a year later it's fine again?
Basically, yes.
Is the person under-age at the time the image was generated? and ... Is the image sexual in nature?
If yes, then generating or possessing such an image ought to be a crime.