AI aggravating circumstance
Sentencing aggravator where AI use materially facilitates a criminal offence.
Definition
A new aggravating circumstance added to the Penal Code and Law on Computer Crimes authorizing judges to increase custodial penalties (up to one third above the statutory maximum) when AI is knowingly used to facilitate or commit an offence. The aggravator specifically targets harms such as AI-enabled fraud, identity appropriation (including synthetic voice/image), child sexual exploitation via deepfakes, and AI-enabled defamation, and imposes related prosecutorial and evidentiary obligations to document AI causation.
Related Terms
Use of AI (aggravating circumstance)
Sentencing aggravation when AI materially contributes to a crime....
AI-use aggravating circumstance
A sentencing aggravator for offences committed by means of AI....
Use of AI
Knowing employment of algorithmic systems to create or deploy synthetic content....
illicit dissemination of AI-generated or altered content (Art. 612‑quater c.p.)
Criminal offence for harmful distribution of falsified AI content....
AI-enabled defraudation
Fraud committed through the use of AI or similar tools....