McCalla Man Charged for Using AI to Create Illegal Child Image

Authorities say the 40-year-old used AI to modify a normal photo, removing the victim's clothes.

Mar. 10, 2026 at 7:54pm

Got story updates? Submit your updates here. ›

A Tuscaloosa man has been charged with possession of child sex abuse material after he allegedly used artificial intelligence to create an illegal image of a juvenile. According to court documents, the West Alabama Human Trafficking Task Force received a tip that 40-year-old Richard Wayne Smalley was in possession of the illicit image, which he appeared to have generated by modifying a normal photo using AI.

Why it matters

This case highlights the growing concern around the use of AI technology to create exploitative content, even when the original image does not depict anything illegal. Authorities are taking these crimes seriously, as the Alabama Child Protection Act of 2024 specifically prohibits the possession of such AI-generated material.

The details

When agents searched Smalley's phone, they allegedly confirmed his possession of the illegal image, which he appeared to have created by using AI to remove the clothes from a normal picture of the victim. Smalley was arrested on Friday and charged with one count of possession of child sex abuse material, with a $30,000 bond.

  • On Monday, court documents were filed against Smalley.
  • Smalley was arrested on Friday.

The players

Richard Wayne Smalley

A 40-year-old man from McCalla, Alabama who has been charged with possession of child sex abuse material for allegedly using AI to create an illegal image of a juvenile.

West Alabama Human Trafficking Task Force

The law enforcement unit that received a tip about Smalley's possession of the illicit image and executed the search of his phone, leading to his arrest.

Captain Phil Simpson

The commander of the West Alabama Human Trafficking Task Force, who stated that this is one of the first cases the unit has seen involving AI-generated images, but that such content is still illegal under the Alabama Child Protection Act of 2024.

Got photos? Submit your photos here. ›

What they’re saying

“Even when these images are created using artificial intelligence, the victim is still being exploited, and it's something we're taking very seriously. We want people to understand that this can and will lead to criminal charges.”

— Captain Phil Simpson, Commander, West Alabama Human Trafficking Task Force

What’s next

The judge in the case will decide on Smalley's bond and whether he will be allowed to await trial outside of jail.

The takeaway

This case highlights the evolving legal landscape around the use of AI technology to create exploitative content, even when the original image does not depict anything illegal. Authorities are making it clear that they will pursue criminal charges in such cases, underscoring the need for continued vigilance and education around the potential misuse of these emerging technologies.