[KaiserPro]

Right which is my point. A genai character could probably negate it being CSAM, depending on how the case is argued.

But

the law applies if its a depiction of a person who is real, So a sexualised hand draw drawing of a recognisable person, (who is a minor) is CSAM.

Which means if someone says to grok "hey make a sexy picture of this[post of a minor]" and it generates a depiction of that minor, its CSAM.

[ibejoeb]

Agreed. That seems to be the way that kind of thing would play out. One observation: I've read opinions (one or two) that have qualified "depiction" using a term like "indistinguishable" or similar. (I'm having trouble finding one on the fly, but I think it was out of Wisconsin.) I think they're looking for a way to characterize it regardless of the medium and with the intent to lead an observer to believe that the depiction is of the actual person. I don't think it's enough to create a caricature or cartoon bearing the likeness of a real person, e.g., the trope of portraying a political figure as a naked baby.