Montana Man First Charged Under New AI Child Abuse Law

ALZADA, MT — A Carter County man has become the first person charged under Montana’s new artificial intelligence child abuse law, marking a significant milestone in the state’s efforts to combat technology-enabled exploitation of children.

Shy Herbert McCutchan, 31, was arrested Thursday in Alzada and charged with three felony counts of sexual abuse of children for possession of explicit images and videos depicting a child under the age of 12. At least one of the charges involves artificial intelligence being used to digitally alter the image of a Montana child.

The case began after the National Center for Missing and Endangered Children received multiple cyber tips that child sexual abuse material was uploaded to a wireless cloud backup from McCutchan’s devices. The Carter County Sheriff’s Office and the Montana Division of Criminal Investigation launched an investigation.

“During the investigation, authorities found that McCutchan captured images of a child from the parent’s public social media account and used AI to create manipulated content with the photos, producing AI CSAM,” according to the Montana Attorney General’s Office.

The charges mark the first prosecution under House Bill 82, which was passed during the 2025 Legislative Session and signed into law to specifically address AI-generated child abuse material. The legislation, supported by Attorney General Austin Knudsen, expanded Montana’s definition of sexual abuse of children to include “computer-generated child pornography.”

Under the new law, “computer-generated child pornography” includes visual depictions created using artificial intelligence or other computer technology that portray individuals as minors engaged in prohibited sexual conduct. This covers both manipulated images of actual children and entirely AI-generated content that appears to depict minors.

The law also establishes severe penalties for such crimes. If convicted, McCutchan could face up to 100 years in prison for each of the three charges. For victims 12 years old or younger when the offender is 18 or older, the statute mandates a 100-year sentence with 25 years that cannot be suspended or deferred, making the offender ineligible for parole during that period.

“Using AI to digitally alter images of children located on social media is becoming more common among child sex predators,” the Attorney General’s Office stated in announcing the charges.

House Bill 82 addresses this emerging threat by creating comprehensive protections against AI-enabled child exploitation. The legislation also established a new offense of “grooming a child for a sexual offense” and expanded existing crimes to include situations where offenders believe they are interacting with children, even if the “child” is actually an undercover law enforcement officer.

State District Court Judge Rennie Wittman ordered McCutchan held on $250,000 bond. An arraignment has been scheduled for September 9. The case is being prosecuted by Assistant Attorneys General Daniel Guzynski and Stephanie Robles.

The investigation was conducted by the DCI’s Internet Crimes Against Children Unit and the Carter County Sheriff’s Office.

“To address the issue and hold perpetrators accountable, House Bill 82, supported by Attorney General Austin Knudsen, was passed and signed into law during the 2025 Legislative Session and allows for the prosecution of sex predators utilizing artificial intelligence to digitally alter images,” the Attorney General’s Office said.