Criminal Defenses in the Age of AI: An Examination of How Technological Advancements Are Challenging Traditional Duress and Mistake of Fact Defenses

Author

Lauren LePage, University of Central FloridaFollow

Keywords

Artificial Intelligence (AI); Deepfake; Duress; Mistake of Fact

Abstract

AI has rapidly evolved into a defining force of modern life, transforming industries by automating tasks, streamlining workflows, and enhancing everyday experiences. However, the same advancements, especially in deepfakes, now enable highly convincing manipulation of audio, images, and video, blurring the line between truth and fabrication. As these technologies grow more accessible, they not only reshape digital interactions but also challenge core principles of criminal law and culpability. This research examines the rapid advancement of Artificial Intelligence (AI) and deepfake technology and analyzes the challenges they pose to traditional criminal defenses. Employing a doctrinal legal research approach, it evaluates statutory provisions, judicial precedents, legal doctrines, and scholarly commentary to assess the applicability of duress and mistake of fact defenses in an era where digital manipulation increasingly blurs the boundaries of criminal culpability. This study further conducts a comparative analysis of how these defenses, historically grounded in notions of human coercion, perception, and intent, are being challenged by emerging forms of digital coercion and deception. By reviewing both hypothetical scenarios and real-world cases, this research explores how AI-generated content may influence a defendant’s state of mind or behavior in ways that mirror classic legal defenses. Ultimately, this study identifies key gaps in the current criminal justice system that signal a pressing need for legal reform as the criminal justice system adapts to the realities of the digital age.

Thesis Completion Year

2025

Thesis Completion Semester

Fall

Thesis Chair

Fiesta, Jason

College

College of Community Innovation and Education

Department

Legal Studies

Thesis Discipline

Legal Studies

Language

English

Access Status

Open Access

Length of Campus Access

None

STARS Citation

LePage, Lauren, "Criminal Defenses in the Age of AI: An Examination of How Technological Advancements Are Challenging Traditional Duress and Mistake of Fact Defenses" (2025). Honors Undergraduate Theses. 442.
https://stars.library.ucf.edu/hut2024/442