Artificial intelligence is moving faster than the law. And right now, privacy is struggling to keep up. Over the past few months, I’ve noticed a troubling trend on X (formerly Twitter). Users post a photo of a woman. Then someone comments, “Grok, undress her.” Moments later, an AI-generated image appears, showing an almost nude version of that person. The woman never consented. She didn’t upload the image. And in many cases, she may not even know it exists.

At the moment, there are very few laws directly stopping this behavior. But from a legal standpoint, this feels like a breaking point. As a California criminal defense attorney, I believe AI-generated images like this will soon force lawmakers to act. And when they do, the consequences could be serious.

How Grok and AI Are Changing Privacy Overnight

AI tools like Grok can analyze a single image and generate realistic variations. That technology can be impressive. It can also be invasive.

When AI creates a sexualized or nude image of a real person without consent, the harm is real. Even if the image is “fake,” the damage to reputation, emotional well-being, and safety is not. These images can spread quickly. They can be saved. And they can follow someone forever.

The law has always struggled with new technology. But AI moves at a speed we haven’t seen before. By the time courts catch up, the damage is often already done.

Why This Feels Familiar: The Taylor Swift Example

This issue is not entirely new. Years ago, Taylor Swift publicly spoke out against her depiction in Kanye West’s music video, where a nude likeness of her body appeared without her consent.

That moment sparked widespread debate. Even though it wasn’t AI-generated, the underlying issue was the same. A person’s body and likeness were used without permission. The public reaction made one thing clear: people instinctively understand that this crosses a line.

AI tools like Grok now allow that same violation to happen instantly and repeatedly, without a music video budget or a public figure involved. Anyone can be targeted.

Where Privacy Laws Are Trying to Catch Up

Right now, privacy laws are evolving. But they are still behind.

At the federal level, lawmakers have introduced the TAKE IT DOWN Act, which aims to address nonconsensual intimate images, including those created by AI. The bill focuses on forcing platforms to remove such content quickly and holding bad actors accountable.

California already has laws against revenge porn. But many of those statutes were written before AI became mainstream. They often require proof that the image was real or that the defendant originally possessed it.

That creates a legal gray area. AI images are not “real,” but the harm is. And intent can be hard to prove when technology does the heavy lifting.

Why AI-Generated Images Create Criminal Risk

From a criminal defense standpoint, this matters for two reasons.

First, users often assume that because AI created the image, they are protected. That is a dangerous assumption. As privacy laws expand, people who request, share, or distribute AI-generated nude images could face criminal charges in the future.

Second, platforms and developers may also face scrutiny. If AI tools make it easy to violate privacy, lawmakers may impose new compliance requirements or penalties.

We are already seeing courts grapple with deepfake cases, harassment claims, and emotional distress lawsuits tied to AI content. Grok is not immune to that scrutiny.

Why Regulation Is Likely Coming Soon

History tells us this pattern repeats. Technology advances. Harm follows. Then regulation arrives.

Social media faced it. Revenge porn laws evolved from it. Deepfake political ads are now being regulated. AI-generated nude images are next.

The combination of AI, public platforms, and weak privacy laws creates a perfect storm. Once a few high-profile cases hit the courts, legislation will accelerate.

From my perspective, it’s not a question of if AI-generated nude images will be regulated. It’s when.

Potential Regulations

One possible avenue is California’s revenge porn laws (Penal Code 647(j)(4)), which criminalize the distribution of intimate images intended to cause emotional distress. While these laws were originally written with real photographs in mind, courts may eventually interpret AI-generated nude images as falling under the same umbrella, especially when the likeness of a real person is clearly identifiable.

Another potential charge could stem from invasion of privacy or peeping-related statutes (Penal Code 647(j)), which already address unauthorized viewing or recording of a person’s private body parts. Although AI does not involve physical observation, the end result mimics the same violation of privacy those laws were designed to prevent. Prosecutors may argue that requesting or sharing AI-generated nude images achieves the same harmful outcome through digital means.

Ultimately, California may create an entirely new criminal offense specifically addressing AI-generated intimate images. As this behavior becomes more widespread and the harm more visible, it is increasingly likely that lawmakers will move to explicitly outlaw it. When that happens, people who once thought they were operating in a legal gray area could suddenly find themselves exposed to serious criminal liability.

What This Means Moving Forward

AI is not going away. Tools like Grok will continue to improve. But privacy laws must evolve alongside them.

People deserve control over their likeness. Consent should matter. And technology should not be a loophole for exploitation.

As a criminal defense attorney in California, I advise clients to be cautious. What feels like a joke online today could become evidence tomorrow. And what feels unregulated now may soon carry real legal consequences.

This is a moment where lawmakers, platforms, and users all need to slow down and think critically. Because once privacy is violated, there’s no easy way to undo it.

If you have been accused of violating privacy laws in Riverside or Los Angeles Counties, give my office a call at (909) 939-7126. The first consultation is free.