Tipicidad penal de la pornografía infantil generada por inteligencia artificial.

Abstract

This article examines how the Ecuadorian Comprehensive Organic Penal Code (COIP) criminalizes child pornography and the challenges posed by its production through artificial intelligence. The study analyzes current legal provisions, the protected legal interests, and potential gaps in the law concerning emerging technologies, highlighting the need to update legal instruments to address new forms of crime. Various typologies of AI-generated pornography are reviewed, with an emphasis on their impact on the protection of minors’ rights. The research underscores the importanceof effective penal regulation and public policies aimed at prevention and sanction, proposing measures to strengthen Ecuadorian legislation and ensure the justice system’s effectiveness in addressing these digital threats.