Supreme Court rules possession of illicit deepfakes is a continuous crime

The Supreme Court ruled that possessing illicit deepfake images or unauthorized sexual photographs constitutes a continuous crime, meaning offenders can be prosecuted under recently enacted laws even if they acquired the material before the statutes took effect.

In a judgment delivered April 30, the high court determined that keeping these materials in a state of personal control represents an ongoing execution of the crime rather than a single completed act. Consequently, while the court cannot apply new laws to conduct that fully ended before the regulations existed, it may prosecute any possession that continues after the enforcement date.

The ruling addresses amendments to the Act on Special Cases Concerning Sexual Crimes made in May 2020 and October 2024, which criminalized the possession and viewing of non-consensual sexual images and manipulated deepfakes. The court reasoned that because the legal definition of possession involves maintaining dominance over the object, the crime persists as long as the individual retains the files.

This interpretation allows authorities to charge suspects under the newer provisions for the portion of time they held the materials after the laws came into force. The court noted that no separate act of reinforcement is required; the mere continuation of control is sufficient to trigger liability.