Are deepfakes illegal? Deepfake laws by state

What states have deepfake laws?

Every state with at least one enacted deepfake law, and the kinds of deepfake it covers. Counts come from the same records as our maps and data files and update when a law is added or corrected.

For penalties (felony or misdemeanor, fines and damages) in each state, use the deepfake penalty tracker.

How state deepfake laws differ

The laws vary dramatically in scope, penalty, and enforcement mechanism. Some target election interference. Others address non-consensual intimate imagery (NCII). Many create overlapping civil and criminal liability. This guide maps the landscape by category.

Three Categories of Deepfake Law

1. Election and political advertising laws — restrict or require disclosure for AI-generated political content near election dates
2. Non-consensual intimate imagery (NCII) laws — create criminal and civil liability for distributing AI-generated intimate images of identifiable individuals without consent
3. General fraud and likeness protection laws — protect individuals from AI-generated content that causes reputational, financial, or personal harm

Political Deepfake Laws: The Disclosure Standard

The most common approach requires a conspicuous disclosure when AI-generated content is used in political advertising or election-related communications, typically within a 60-to-120-day window before an election. Unlabeled AI-generated political content within that window is prohibited or penalized.

The California First Amendment Problem

California's AB 2839, one of the most aggressive political deepfake laws, was partially enjoined by a federal court in August 2025 on First Amendment grounds. The court found that certain provisions prohibiting distribution of content that "falsely depicts" a candidate were facially overbroad. The case has significant implications for how similar laws in other states may fare in constitutional challenge. Track the litigation on our California AI laws page, and see the AI Lawsuit Tracker for related enforcement actions and court rulings.

Non-Consensual Intimate Imagery (NCII) Laws

NCII deepfake laws are the most rapidly expanding category. They make it a crime—and increasingly a civil cause of action—to create or distribute AI-generated intimate images of real, identifiable individuals without consent.

At the federal level, the TAKE IT DOWN Act makes it a federal crime to publish or threaten to publish non-consensual intimate imagery using an interactive computer service—whether real or AI-generated—with penalties of up to two years imprisonment for adult victims and three years for minors.

General Deepfake and Likeness Laws

• Tennessee ELVIS Act: Protects voice and likeness rights from AI replication. Particularly relevant to the music industry and performers.
• New York A02249: Enhanced publicity rights with civil remedies for unauthorized AI-generated use of likeness.
• Arizona HB 2394: Civil causes of action when a digital impersonation causes personal hardship, employment loss, or election interference risk.

Common Coverage Gaps

• Satire and parody: Many laws include carve-outs for clearly labeled satire. Pennsylvania's Act 35 and others explicitly exempt content a reasonable person would recognize as parody.
• Public figures: Some laws apply only to private individuals; others extend to public figures and candidates.
• Platform liability: Most state laws target the creator or distributor, not the hosting platform. Federal Section 230 immunity may still protect platforms in many scenarios.

Compliance Checklist for Businesses

1. Do you operate in states with NCII deepfake laws? Confirm your terms of service and content policies prohibit covered content.
2. Do you run political advertising or operate an ad platform? Political deepfake disclosure requirements may apply in every state where ads are served.
3. Do you generate voice or likeness content using AI? Tennessee's ELVIS Act and emerging sound-alike laws apply even without visual imagery.
4. Do you host user-generated content? Review your moderation policies against the TAKE IT DOWN Act's removal obligation for reported NCII.

See the full Deepfake Penalty Tracker for bill-level detail across all 50 states, or browse the deepfake topic hub.

State-by-State Deepfake Law Comparison

Data sourced from official state legislature records. View the full interactive tracker with filters →

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.