CYPRESS, Texas (KTRK) — A Cypress-area FBI analyst is accused of possessing more than 1,000 pornographic images that investigators say depict both real children and children generated by artificial intelligence.
Brian Rausch, 51, is facing four felony charges in Harris County linked to the purported images. A magistrate set bail for Rausch at $100,000 on Thursday morning. Documents show he bonded out of the Harris County Jail hours after the hearing.
A Montgomery County Precinct 3 spokesperson confirmed the material was reportedly recovered during a raid at Rausch’s Cypress home on Tuesday. In a probable cause court on Thursday, ABC13 learned Rausch lives in the home with his two school-aged children and wife.
Anthony Osso Jr., a criminal defense attorney not affiliated with Rausch’s case, told ABC13 child pornography cases involving artificial intelligence are unusual, “but I imagine that they’re going to continue to come as technology advances.”
“The (law) is rapidly evolving. We’ll see continued updates to the law as there’s an increased use of AI and people get better at using AI,” he added.
A spokesperson for the Montgomery County Precinct 3 told ABC13 two federal charges are pending against Rausch. Osso said laws regarding AI-related child pornography are more straightforward on the federal level.
“If the AI-generated content is indistinguishable from a real child, it doesn’t necessarily have to be a real child. But, if it’s indistinguishable from that of a minor, then it amounts to child pornography,” he explained.
Osso said laws surrounding AI are “murkier” in Harris County, which is why he believes the Harris County District Attorney’s Office filed obscenity charges, in addition to child pornography charges, against Rausch.
“You never see obscenity cases filed. A lot of things can be deemed obscene, and it’s really just what a person’s belief is based on contemporary standards, so it’s super subjective,” he said. “I think that it was a strategic decision on the DA’s part.”
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