AI deepfake nudes; Wisconsin case could test law, ex-officer charged

A former police officer and now ex-member of the Governor's Autism Council is facing felony charges for allegedly creating a deepfake nude image of an ex-girlfriend.

What we know:

Prosecutors say 45-year-old Kevin Scholz digitally undressed the woman using an AI app in May, then sent the doctored image to her. The woman, an elected official, asked not to be identified publicly.

Kevin Scholz

Scholz resigned from the Town of Norway Police Department in 2017 while under investigation for misconduct. He has also held positions on multiple autism boards and councils. He is an adult on the autism spectrum.

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According to the criminal complaint, after Scholz’s brief relationship with the woman ended in 2022, he began sending her nonstop texts, including racial slurs. Investigators say he later found a fully clothed photo of her at a Milwaukee Bucks game, altered it with artificial intelligence to remove her clothing, and then texted the image back to her.

Related

Deepfake nudes outpace Wisconsin law; children and adults at risk

A new online threat is putting Wisconsinites at risk of sexual exploitation. Apps and websites are using artificial intelligence to turn innocent photos into so-called deepfake nudes.

Assistant District Attorney Erin Karshen is prosecuting the case. She previously told FOX6 Investigators that deepfake nudes present a legal challenge.

Her charge against Scholz relies on a novel legal theory that Wisconsin’s statute prohibiting the "capture" of intimate images also applies to digitally creating them.

State Sen. André Jacque wants to remove any doubt. His deepfake nudes bill would ensure "synthetic" deepfake nudes are treated the same as real ones, discouraging people from using technology to strip victims of their dignity.

What's next:

His bill has passed both chambers.

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Within hours of FOX6 News reaching out, the governor's office confirmed Thursday that Gov. Tony Evers requested it to be delivered to him for his signature.

However, it will not apply retroactively to Scholz's case.

Dig deeper:

Meanwhile, just minutes after appearing at the Milwaukee County Courthouse on Wednesday, Scholz resigned as a director for Autism United.

Upon learning of the charges, Evers removed him from the Governor's Autism Council.

Editor's Note: An earlier version of this story said Scholz had resigned as a director for the Autism Society of Southeastern Wisconsin. However, the Autism Society of America says it disaffiliated the Autism Society of Southeastern Wisconsin in December 2024. The former ASSW is now known as Autism United. Scholz resigned from Autism United on Wednesday.

The Source: Information in this report is from the Milwaukee County District Attorney's Office and Wisconsin Circuit Court.

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