AI-generated fake nudes: when they may constitute an offence against moral integrity

The facts and the court’s decision

According to the official information from the Spanish Judicial Council, three men obtained photographs of three former schoolmates from open Instagram profiles. Under the agreed facts, they used an artificial-intelligence application available through Telegram to create highly realistic images that simulated the young women’s naked bodies.

The files were first shared in groups created on WhatsApp and Discord and were later circulated more widely, although the extent of that circulation could not be established. On 10 September 2023, an unidentified Instagram profile sent the manipulated images to one of the women. The court found that the defendants acted to mock them and were aware of the serious risk to the women’s dignity.

The judgment, delivered on 1 October 2026 by Judge 15 of the Criminal Section of the Seville Court of First Instance, followed an agreement between the Cybercrime Prosecution Service, the private prosecution and the defence lawyers. Each defendant was convicted of three offences against moral integrity, with a gender-based aggravating factor, a qualified mitigating factor for full reparation and an analogous mitigating factor for confession. Each received a total sentence of nine months’ imprisonment and a ban on accessing Telegram, WhatsApp, Instagram and Discord for three years and nine months.

The prison sentence was suspended for two years because the offenders had no previous convictions, the sentence did not exceed two years and they had paid the civil damages. Suspension was conditional on committing no further offence, complying with the ban on accessing those applications and completing a sex-education programme. The judgment is final because of the agreement reached.

Why a fake image may cause criminally relevant harm

Article 173.1 of the Spanish Criminal Code punishes anyone who subjects another person to degrading treatment that seriously impairs their moral integrity. The protected interest does not depend on the depicted body being real. A synthetic image may recognisably associate a person with a non-existent nude, expose them to humiliation and deprive them of control over how they are represented.

This case did not punish the mere use of an AI tool. The assessment considered the conduct as a whole: photographs of identifiable people, sexualisation without consent, an intention to mock, circulation in several groups and a conscious risk to their dignity. Nor does the judgment automatically turn every manipulated image into a crime; seriousness, context, intention, identification of the person and the extent of circulation must be proved in each case.

The decision comes from a first-instance court and was made by agreement. It therefore does not establish Spanish Supreme Court case law. Its practical interest lies in showing how existing criminal offences may be applied to a recent form of digital abuse while the particular circumstances and available evidence are examined.

Gender-based aggravation, reparation and confession

The judge applied the gender-based aggravating factor in Article 22.4 of the Spanish Criminal Code because the contempt went beyond an invasion of privacy: the conduct objectified the women and projected a supposed male superiority. The aggravating factor is not presumed from the sex of the offender or victim; it must be supported by the proven meaning and circumstances of the conduct.

Full reparation before judgment and cooperation from the first statements reduced the criminal penalty. Reparation or confession does not, however, erase the offence. These circumstances may affect the sentence when their requirements are met, and an agreement to accept the charge and sentence should be entered only freely, on an informed basis and with legal assistance.

Suspension of imprisonment is not an acquittal either. The conviction remains, and breach of the conditions may cause the benefit to be revoked and the sentence enforced. Technology-related bans must be observed for the period set by the court.

What to do if a manipulated sexual image is circulating

The first priority is to preserve evidence without increasing circulation. Keep the exact address of each post, its date and time, the user name, the full conversation and screenshots showing the context. If possible, preserve the original file received as well. Do not forward it to friends to prove what happened or respond publicly with personal details of the suspected person.

Removal may be requested from the platform and, where sexual or violent content circulated online creates a serious risk, the Spanish Data Protection Agency’s Priority Channel may be used. That route seeks to stop circulation; it does not replace a criminal complaint or a claim for the harm suffered.

When reporting the matter, it is useful to provide a timeline, links, user names, the devices on which the file was received and any related messages. The investigation may require platform data, account identification, urgent preservation of records and file analysis. Acting quickly matters because some data are deleted or overwritten.

Criminal-law advice in Tenerife

If you are the victim of manipulated sexual images, the firm can consider preservation of evidence, removal requests, a criminal complaint and civil damages. If you have received a summons as a suspect, seek advice before giving a statement and preserve devices and communications without deleting or altering information.

You can request a consultation with Abogado Juan in Santa Cruz de Tenerife, by phone or video call. The legal classification depends on the content, its circulation, the intention and the harm proved; this commentary explains one particular judgment and does not predict the outcome of any case.