One Lancaster County police department is investigating a case of artificially generated nude photos that use the faces of more than 20 Lancaster Country Day School female teenage students.

The Victim

In May, one Lancaster Country Day student told News 8 she found out her face was one of them. After months of hoping for a resolution, she says she thought it was important to tell her story. News 8 agreed not to share her name to protect her identity.

“A girl came up to me at school and told me that her, myself and like several other girls at my school had photos taken of them at school, and then a boy used them to create nude images using AI and then put them in a discord group chat with several other boys from our school,” the teenager said.

News 8 obtained a letter sent in June by Lancaster Country Day to some parents explaining their daughters’ faces might be in AI-generated nude photos. It was shocking news for the teen with spoke to, her family and other families.

News 8 reporter Meredith Jorgensen asked the teenager, “How are you? How are you doing?”

“I personally, I feel like I dealt with this pretty well. I know several girls that couldn’t get out of bed, couldn’t come to school, couldn’t eat,” the teenager said.

The teen girls, a lot of them friends at school, talked to each other sharing the emotional impact of what they were going through.

“We definitely shared that we were like scared and scared to go to school and scared to see the people that we know had seen them or had shared them,” the teen said.

This young lady is worried about how far this will spread, who else might see the photos, and if this will haunt her throughout her life.

“It’s a very like helpless feeling that these images are just out there to stay. I mean right now, I could be in college. I could be in my future job and they could resurface and they could ruin things for me and that’s a very helpless feeling,” the teen said.

For this teen sharing what’s happened is about awareness and taking control – realizing this could happen to anyone at any time.

“Don’t be afraid to say something and that it’s not your fault and you’re not alone,” the teen said.

The Investigation

News 8 first learned about the photos in May, when reporter Meredith Jorgensen received a tip from a person not involved with the case but who knew about the photos. But the Lancaster Country Day School explained to parents in a letter, that the Head of School Matt Micciche and Head of the Upper School Jenny Gabriel knew about the AI misuse in November from a Safe2Say tip. The law enforcement investigation did not start until May when a parent called Manheim Township Police when word of the photos resurfaced.

Manheim Township Police first got that call from a parent who believed her daughter’s face was used in the photos. However, Manheim Township Police investigators passed the investigation to Susquehanna Regional Police since investigators think the images were created in that department’s jurisdiction. News 8 has talked with the detective assigned to the case, who says it is an open and ongoing investigation. Lancaster County District Attorney Heather Adams’ office signed off on a search warrant last Wednesday that will allow detectives to gather more information about who and how these images were made.

Some parents and girls are frustrated by a lack of criminal charges three months later.

“I know you can pretty much ask AI to do anything and it will do it which is – I think there should be stronger parameters on what AI can do,” the teenager said. “I think there should be mandatory discipline for kids like this.”

The Law

District Attorney Adams would not comment on the specific Lancaster Country Day School case but did explain the law as it stands now.

“Under our current child pornography statute, our courts have interpreted the definition of child to mean an actual child,” Adams said.

That means the AI images causing these girls distress may not be illegal.

“We have to look at our current existing laws and how the facts of a particular investigation fit into those current laws,” Adams said.

DA Adams said, sometimes in some cases, she is unable to bring charges, which can cause confusion and frustration.

“It depends so much on the investigation, what we’re able to gather, and what we’re able to prove. Certainly, if the facts are there we will move forward. In the event that they are not, but there has still been some harm done, that would be very upsetting, that would be very offensive,” Adams said.

“I feel so unprotected by like the government and by my school that no one can do anything about this,” the teenager said.

But some people are trying to change that.

News 8 traveled to Montgomery County to talk to a Pennsylvania state senator leading the charge to make this illegal.

Sen. Tracy Pennycuick is the prime sponsor of Senate Bill 1213, which would combat AI-generated child pornography.

“Technology is always going to be more advanced than the law. But we are very, very aware that this is a huge issue right now,” Sen. Pennycuick said.

“I think it’s fair to say that AI is new. But also how do you not see things like this coming? And when artificial intelligence can do absolutely anything we need, to me, more like less naive about it,” the teen said.

The 20-plus teen girls whose faces were used have limited options since the laws have not changed.

“We needed it yesterday, yes. It needed to be done months ago. We are pushing very hard to get it done this fall. We would like the governor to sign it this fall,” Sen. Pennycuick said.

Senate Bill 1213 focuses on specifically changing the definition of child pornography.

“It outlaws any picture that a child’s image is attached to, either nude body or engaged in sexual activity,” Sen. Pennycuick said.

It would redefine child pornography as “child sexual abuse material” – which would include the use of AI.

It’s a change police departments and district attorneys say they need.

“They are in a tough spot because it’s not explicit in the law. And that’s what the Bill 1213 will do. It will make it explicitly illegal to deepfake, put a picture of a child on a body that’s nude or engaged in sexual activity illegal. End of story, full stop,” Sen. Pennycuick said.

This teenager is thankful for the support of her parents and she’s hopeful lawmakers like Pennycuick will make a difference.

“I’m very grateful for them and I’m very happy that people care about this and that people are taking action to do something about it,” the teenager said.

“We’re doing everything we can to protect your children with this new law because it’s important and your children deserve to be protected,” Sen. Pennycuick said.

The School’s Response

The situation is raising questions about the guidelines surrounding mandatory reporting involving child abuse.

According to the Lancaster Country Day School, in a letter sent to parents obtained by News 8, the school said it investigated the claims last November but could not prove the photos existed, so administrators closed the investigation without notifying authorities.

Pennsylvania’s Child Protective Services Law says when there is reasonable cause to suspect any kind of child abuse, school employees are required to report the suspicion.

But the nuances of the laws create a loophole.

“It is not a required offense under our mandated reporter law,” DA Adams said.

In the letter, the school says it reopened its investigation when accusations surfaced again in May.

Lancaster Country Day School wrote it confirmed the AI-generated nude images and told families “we also reported this incident to the appropriate authorities.”

DA Adams says, in general, school leaders should call police when there is suspicion of any kind of child abuse.

“Law enforcement has the tools to investigate. They have the tools to analyze cell phones. We have the power to get search warrants and serve due process on people. So we can see is that image being spread, because ultimately the law does not want that,” Adams said.

The Pennsylvania Family Support Alliance is a statewide child abuse protection organization and says school employees are mandated to report even a suspicion of child abuse.

“There is no requirement for them to do an investigation or to know what type of abuse it is or if it’s going to meet that definition of the law. They just have to have that suspicious that abuse is happening to make that report,” said Haven Evans, Director of Programs at the PA Family Support Alliance.

Sen. Pennycuick says even though there isn’t a law on the books yet, she believes Lancaster Country Day School leaders could have done more.

“They failed. there’s no other word around it. you can’t sugarcoat that. and there’s no excuse under the sun that any administrator should give to a parent as to why they let it go. and why they didn’t act. and why they did nothing. it’s a moral failure,” Pennycuick said.

News 8 obtained a second letter Lancaster Country Day School sent to parents Aug. 13.

It outlines the changes the school is making in regard to cyber safety, adding programming to educate students and families about the dangers of social media and artificial intelligence.

The letter also says the school will have local FBI agents speak with Middle and Upper School students on campus this fall.

Lancaster Country Day School included that it’s changing the student handbook “making explicit the fact that the misuse of AI is an extremely serious violation of our values and honor code and will be dealt with accordingly.”

For the teenage student who shared her story, her focus is on moving forward. She hopes opening up about this makes a difference but she encourages the adults in the room and lawmakers to continue making changes, so she can focus on being a kid.

“It was good to feel like I had people behind me that wanted to fix the problem for me. I’m just excited to be with my friends this year and have fun,” the teen said.

We reached out to Lancaster Country Day leaders by email and phone on several occasions.

They did not respond to our request for interviews regarding this story.

Senate Bill 1213 now sits in the House Judiciary Committee.

From WGAL-TV NBC8 Lancaster, August 28, 2024