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Is NSFW AI legal? Shocking Facts you NEED to Know

I hold a master’s degree in AI ethics and have spent more than a year exploring NSFW AI tools, including chatbots and story writers. Here’s a comprehensive guide to understanding the legal risks involved.
Is NSFW AI Legal

The Quick Answer:

NSFW AI can be legal, but it really depends on how you use it and where you live. Problems might come up if you use someone’s image without asking, include copyrighted characters in your creations, or break local rules about adult content. Make sure you have permission to use people’s images, don’t use characters or ideas that someone else owns without their consent, and check the laws in your area about adult content. Following these steps can help you avoid legal issues with NSFW AI.
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The other day I got an email from this undress app asking me to write a review about their services. I am highly against deep nudes, deep fakes, undress stuff, and everything in that alley so I kindly declined the offer.

But this did raise a question: Is NSFW AI legal? 

It can’t be legal to download someone’s Insta picture, upload it to an undress app, get a coffee, hop back behind the PC, and BAM – you’ve just created a bunch of nudes?! 
Herman Carter
AI Dating Expert | Menprovement

Right…?

I’ve been researching the NSFW AI niche for over a year now and in this article, I am going to tell you precisely whether or not:

  • NSFW AI tools are legal
  • What the different types of NSFW AI tools are
  • How you can stay out of legal trouble

Let’s get down to business. 😎

P.S. if you want to learn more about my research, check out my AI sexbot statistics or AI girlfriend app market research.

What is NSFW AI?

NSFW AI involves technology that generates or handles content not appropriate for the workplace or public viewing, often due to its explicit or adult nature. These AI applications can create images, write stories, or enable interactive chats intended for an adult audience, with an emphasis on privacy and user consent.

exploring The Variety: Different Types of NSFW AI

Before I go really deep into whether this stuff will be your one-way ticket to one of those “FBI open up” scenarios – it’s important to know there are multiple types of NSFW AI.

Deepnude generators

Kicking off with the most… Extreme one of the NSFW family: deep nude generators (or AI undress apps). These AI tools allow you to upload a picture, and use a special brush that erases certain clothes to make people naked.

It even allows you to enlarge certain body parts.

Examples of deep nude generators

wonderwoman with ai undress tool
A deep nude of Gal Gadot created with AI.

Erotic AI Story Writers

If deep nude generators are like powerful off-road trucks that can go anywhere, no matter how rough, then erotic story writers are like cute little scooters, zipping around Italy on smooth sidewalks.

These AI tools allow people like you and me to create incredible novels, stories, and even books without having any writing experience all with a sexy & erotic twist of course.

Examples of Erotic AI Story Writers

NSFW Chatbots & AI Girlfriend Apps

Then there are AI sex chatbots and AI girlfriend apps, which are like electric bikes — not as extreme as off-road trucks, but definitely zippier than scooters, cruising comfortably in between.

These chatbots talk and respond just like real people, sending you messages, and voice notes, and some, like Candy AI and Muah AI, even let you have phone calls with them. 

In our research on AI girlfriends, we found that people use them to feel less lonely or just to enjoy some fun moments.
Herman Carter
AI Dating Expert | Menprovement

Examples of NSFW Chatbots

NSFW AI and the Law: What You Need to Know

You: That’s all great Herman but is this shit legal or not?

  • The short answer? Yes, it is.
  • The long answer? Yes, it is in most cases.

Unfortunately, there is not really a one-size-fits-all answer I can give you since it heavily depends on the type of AI tool you are using, the company that created it, and the content you are trying to produce.

Creating a sexy version of Harry Potter with an erotic writing tool will have different legal complications than creating deep nudes of your next-door neighbor’s daughter.

Intellectual Property Rights

What it means: Intellectual property rights are like the rules that say who owns different kinds of creations, like drawings, stories, or inventions. For NSFW AI, this means figuring out who has the right to the stuff the AI makes, especially if it uses or changes existing works (like characters from a book or movie).1

Example: Let’s say you use an AI to write a spicy story that happens in the world of “Harry Potter.” Even though you made the story, the “Harry Potter” world isn’t yours—it belongs to the author (J.K. Rowling) and the company that publishes the books. If you share or sell your story without getting permission, you could get in trouble for using someone else’s stuff without asking.

NSFW AI Apps and Intellectual Property Issues

  • Deepnude Generators: Using someone’s picture without an OK can break their personal rights. If the picture is someone famous or from a show, it’s even more risky.
  • Erotic AI Story Writers: Using famous characters in adult stories without asking can lead to big trouble over copyright.
  • NSFW AI Chatbots: If the AI acts like a real person or uses famous characters without permission, it could break copyright laws.

Privacy Laws and Considerations

What it means: Privacy laws protect people’s personal information and their right to keep certain things private. When it comes to NSFW AI, these laws are about making sure that if any content involves real people, those people have agreed to it being used in that way.2

Example: Imagine you create a realistic image or chatbot using AI that includes a friend’s likeness or voice in an NSFW scenario. Even if you think it’s just for fun, if your friend didn’t say it was okay, you could be breaking privacy laws. It’s like if someone shared a private photo of you without asking; it’s not okay because it wasn’t shared with your consent.

NSFW AI Apps and Privacy Issues:

  • Deepnude Generators: Making a nude image of someone without their permission is a big no-no. It’s a privacy violation and can have serious consequences.
  • Erotic AI Story Writers: Writing a story that includes real people in NSFW situations without their okay can also invade their privacy.
  • NSFW AI Chatbots: Creating a chatbot that acts or sounds like someone you know, in a way that suggests intimate or private interactions without their consent, is another way privacy can be breached.

Obscenity Laws and Standards

What it means: Obscenity laws are about keeping extremely offensive material, especially content that’s sexually explicit, away from the public. These laws can vary a lot from one place to another, meaning something that’s okay in one country might be illegal in another. When dealing with NSFW AI, it’s important to know these differences because you could be fine sharing something in one place but get in trouble for it somewhere else.3

Note

If you live in a conservative country with strict laws (often Muslim countries) I highly recommend you do proper research on whether or not NSFW AI chatbots are legal or not. 

Example: Suppose you use an AI app to create a piece of NSFW artwork that’s considered art and protected under free speech laws in one country, like France. However, if you share that same artwork online where it’s accessible in a country with strict obscenity laws, like some Middle Eastern countries, you could face legal actions from those jurisdictions.

NSFW AI Apps and Obscenity Issues:

  • Deepnude Generators: In many places, creating or sharing images made by these apps can be considered obscene and illegal, especially if they’re very realistic.
  • Erotic AI Story Writers: Explicit Stories might be totally legal in some countries but cross the line into obscenity in others.
  • NSFW AI Chatbots: Chatbots that simulate explicit conversations could also be seen as obscene in more conservative areas, even if they’re considered harmless or even therapeutic elsewhere.

Child Protection Laws

What it means: Child protection laws are rules to keep kids safe from harm, including any form of exploitation or abuse. When it comes to NSFW AI, these laws are super strict about making sure nothing even slightly suggests involving minors in explicit content. This means you have to be very careful about the kind of content you create or share using AI, ensuring it’s clearly for adults only and doesn’t involve minors in any way.4

Example: If you’re creating an AI-generated story and decide to use images or themes involving young characters or settings that could be associated with minors, even if they’re fictional, you could be breaking child protection laws. It’s like drawing a cartoon that’s not meant for kids but using a school as a background—it sends the wrong message and could get you in serious trouble.

NSFW AI Apps and Child Protection Issues

  • Deepnude Generators: Using these apps to create images of minors is illegal. Doing so can result in criminal charges, including child exploitation or distribution of child pornography.
  • Erotic AI Story Writers: Writing and sharing stories that feature minors in adult situations, even in fictional settings, can be viewed as creating and distributing harmful content. This can lead to legal action for violating child protection laws.
  • NSFW AI Chatbots: Designing chatbots that could be interpreted as simulating conversations with minors in an explicit context can attract accusations of promoting or facilitating inappropriate content involving children, leading to serious legal penalties.

So until now, this whole article is kinda doom and gloom, talking about how NSFW AI chatbots can get you into trouble and you might be wondering if it’s even worth exploring in the first place.

My opinion? Yes NSFW AI tools are worth exploring. They are a fantastic safe space to;

  1. Comfortably explore your sexual desires
  2. Unwind, get emotional support, or even combat loneliness.

In the next section, I am going over each of the three NSFW AI tools and talking about how you can ensure you won’t wake up one day with a SWAT team busting in the front door.

Deep Nude Generators

Do NOT create deep nudes of real people. I am not only talking about that cute next-door neighbor but also celebrities and historical figures.

Yes, you heard me right – creating deep nudes of the prophet Mohammed might sound funny but it can get you beheaded in Saudi Arabia.5

Even if you don’t live there, you might forget to create the image until you get arrested at an airport in Saudi Arabia because you so happen to have a stopover there.

The second tip is that with deep nudes it’s highly recommended to keep them for yourself. We’ve tried PornX AI (for research purposes) and discovered that a lot of images look like real people (even though they aren’t).

The last thing you want is getting copyright claims left and right because you accidentally created a deep nude that looks like Taylor Swift and shared it on your Twitter.
Herman Carter
AI Dating Expert | Menprovement

Erotic AI Story Writers

As I mentioned earlier, Erotic story-writing tools are more vanilla than deep nude generators so that’s a pro. Here’s how you stay out of legal trouble:

  • Use Make-Believe: Write stories that are totally from your imagination. Don’t use real people’s names or details, even if they’re famous. Stick to made-up characters to keep things safe and respectful.
  • Watch Out for Characters You Don’t Own: It’s fun to think about characters from your favorite shows or books, but they belong to someone else. Avoid using them directly in your stories to steer clear of copyright issues. Make up your own characters instead.
  • Keep Characters Adult: All the characters in your spicy stories should be grown-ups. This is really important to follow the law and keep things appropriate.
Note

A lot of AI tools like Dreampress AI, one of the leading erotic story-writing tools have a very strict 18+ policy. I tried to create an erotic story in a school but the AI wouldn’t allow it since it associates schools with children/minors.

  • Be Careful Sharing: If you share your stories, put them where adult stuff is allowed and let people know they’re for grown-ups only. This helps you share responsibly.

NSFW AI Chatbots

For AI girlfriend applications, they are pretty much harmless. Apps like DreamGF AI and Candy AI do not allow prompting like Character AI for example. Instead, they use pre-defined settings, buttons, and menus.

This way, it’s almost impossible to recreate someone you know or a celebrity. The biggest risk of AI girlfriend apps is your local regulations. As I mentioned earlier with the Saudi Arabia example, it’s good to research whether AI girlfriend apps are legal in your country/region.

As for NSFW AI Chatbots – these are more tricky. They use prompting fields and when it comes to customization the sky is the limit. I would highly recommend only creating NSFW AI Characters out of your imagination and not trying to replicate someone you know since it could get you into both privacy and intellectual property trouble.

Just recently, George R.R. Martin sued OpenAI for using information from his book: a Song of Ice and Fire (Game of Thrones).6

There are tons of cases like this. Character AI, the biggest AI chatbot after ChatGPT has also come under fire with copyright claims and privacy violations because they have tons of characters based on celebrities like Ariane Grande, Elon Musk, Taylor Swift, and so on.

Ariane grande on Character.ai

Also, Read >>> How Safe Is Character AI?

Wrapping Up and My Experience With NSFW AI Chatbots

I’ve been buying, testing, and reviewing NSFW apps for over a year now. They are fun to play with, a safe space to explore what I really like, and cool for tech geeks like me to stay on the forefront of. 

BUTTT I have NEVER created an image, chatbot, or story of something or someone that already exists. 

Never. 

I always use my own imagination to come up with new stuff so I am 100% sure I steer clear of potential legal trouble and I highly recommend you do the same.
Herman Carter
AI Dating Expert | Menprovement

Right now AI tools are still a loophole in regulations with governments trying to figure out what’s illegal and what’s not. But someday, that’s going to change and you might be getting a fine because things you did used to be legal but now they are not.

If you want to learn more about NSFW AI chatbots then check out my article where I round up the best NSFW AI chatbots of 2024 by clicking the link. 

As they say in Canada: Peace OEET.

sources

  1. What is Intellectual Property (IP)? Wipo. int. ↩︎
  2. Wikipedia contributors. (2024, January 26). Privacy law. Wikipedia ↩︎
  3. obscenity. (n.d.). LII / Legal Information Institute. ↩︎
  4. Child protection systems. (2020, January 31). European Union Agency for Fundamental Rights. ↩︎
  5. Wikipedia contributors. (2024a, January 26). Capital punishment in Saudi Arabia. Wikipedia. ↩︎
  6. Italie, H. (2023, September 21). “Game of Thrones” creator sues ChatGPT-maker OpenAI for copyright infringement |AP News. AP News. ↩︎

EDITORIAL PROCESS

Our evaluations are conducted by a group of specialists based on actual experiences before they are penned down. To learn more read our Editorial Methodology.

Several links in this piece might be affiliated, meaning we may receive a commission at no extra charge to you if you opt for a paid service. We fully support and have personally tried these products. This website is not designed to offer financial or medical guidance. For more info read our affiliate disclosure and privacy policy.

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