The Beverly Hills Police Department announced that it is investigating after a Southern California middle school reported last week that students were allegedly involved in creating and sharing nude images generated using artificial intelligence that featured classmates' faces.

School officials at Beverly Vista Middle School were informed of the "AI-generated nude photos" of students last week, and the district superintendent wrote a letter to parents.

Police Investigate Beverly Hills Incident

(Photo : ROBYN BECK/AFP via Getty Images)
A school bus brings North Park Elementary School children to Cajon High School April 10, 2017 in San Bernardino, California to be reunited with their parents after a gunman entered a classroom at the elementary school and killed one woman and one student, before turning the gun on himself.

According to NBC News, Beverly Hills Unified School District Superintendent Michael Bregy said that the images featured the faces of students overlayed on nude bodies. The district did not disclose how it determined the images were produced with artificial intelligence.

A student at Beverly Vista who did not want to be identified said it was very scary, and people do not feel safe to come to school. Beverly Hills Police Lt. Andrew Myers told NBC News that the police received a call from the school district last week and made a report about the incident. Myers said a noncriminal investigation is in progress.

He continued that no further information can be shared as the investigation involves minors. The Beverly Hills case comes after a series of similar incidents involving students editing and sharing AI-generated nude images of their female classmates at high schools worldwide.

In January, a New Jersey teen victim spoke to federal lawmakers in Washington, DC, to support a federal law that would make all nonconsensual sexually explicit deepfakes illegal. However, no such federal law exists.

In a letter to parents obtained by NBC News, Bregy described the deepfake incident as part of a disturbing and unethical use of AI plaguing the nation.

Bregy wrote that they strongly urge Congress and federal and state governments to take immediate and decisive action to protect their children from the potential dangers of unregulated AI technology. He continued that they call for the passing of legislation and enforcement of laws that not only punish perpetrators to deter future acts but also strictly regulate evolving AI technology to prevent misuse.

Furthermore, Bregy informed NBC News that the student offenders would face consequences by the district's policies. He claimed those students had been expelled from the school pending the district investigation results. He continued that the punishment for student offenders would vary based on their level of involvement in producing and sharing the photos, ranging from suspension to expulsion.

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Rights Group Criticizes California Law

In 2020, California introduced a law that allows victims of nonconsensual sexually explicit deepfakes to sue those who generated and circulated the material.

The plaintiff can recover up to $15,000 in damages if it is determined that the offender acted maliciously. However, it is unclear whether damages have been awarded under the law.

Mary Anne Franks, a professor at George Washington University Law School and president of the Cyber Civil Rights Initiative, stated that what occurred at Beverly Vista Middle School is still not illegal in California. Not all nude depictions of children are legally considered pornographic, so without further information about what the images depict, their legality is unclear.

Franks claimed that the civil action in California could potentially apply there but said it was always difficult for victims to identify who the perpetrators are, get the legal assistance they need, and pursue the case.

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