Guernsey's Sexual Offences Law to include AI related crimes

Home Affairs says legislation needs to be capable of dealing with new offences where AI is used to fake images.

Guernsey Police say in recent months they've dealt with cases where Artificial Intelligence was used in potential offending, and gaps in the law made those investigations difficult.

Home Affairs now wants to introduce new offences to ensure the law keeps up with new, tech-driven crimes.

- Deepfake creation - using artificial intelligence to create intimate images, without the consent of the person depicted

- Requesting deepfakes

- Voyeurism - Creating or taking intimate images without consent, alongside sharing these images

- Cyberflashing - sharing a photo of genitals without permission

- Possession of indecent cartoons or drawings of children

Home Affairs President Deputy Marc Leadbeater says they need to make sure legislation is up to date and capable of dealing with new offences.

"The advent of AI has led to many exciting developments, but it has also allowed sexual offenders to evolve the ways in which they offend, and we must ensure we stay ahead of that curve in order to protect our community. 

“The Committee was concerned to learn that Guernsey Police have dealt with cases involving intimate AI images – or similar – in recent months, and so was determined to act swiftly to protect victims of this type of offending. 

“We will also be taking the opportunity to enhance some other areas of the legislation, with regard to indecent images of children, and the powers the criminal justice system has in order to protect the community."

The amendments will also broaden the application of Risk of Sexual Harm Orders, which can be used by the court to prevent a person from causing any harm to children.

Detective Inspector Thomas Lowe says the law update is needed.

“In recent months, the Criminal Investigation Department has carried out investigations where AI technology has been involved in potential offending.

"While we investigated each case, it quickly became clear there were gaps in the legislation and a need for the creation of specific offences for activities like creating deepfakes. 

“Deepfakes or ‘revenge porn’ type offending can be hugely damaging to victims and have serious consequences.

"It is abhorrent, and we will always treat it as such. 

"Equally, voyeurism and taking images of people without their consent is a huge breach of people’s right to privacy.

"Our main goal is always to safeguard victims and ensure offenders are brought to justice, and I hope these new amendments, when passed, will allow us to do that more effectively."