Deepfake Penalty Tracker: 2026 State-by-State

48 states in our database have enacted at least one law addressing AI-generated deepfakes, across 242 bills. They cover election interference, non-consensual intimate imagery (NCII), fraud and identity theft. See the full breakdown by category.

It depends on the state and the type of deepfake. Illinois makes non-consensual dissemination of sexually explicit digitized depictions a Class 4 felony (720 ILCS 5/11-23.7). Virginia's § 18.2-386.2, which covers synthetic images, is a Class 1 misdemeanor. California Civil Code § 1708.86 allows statutory damages of $1,500 to $50,000, or up to $250,000 for malicious violations. Use the filters above to compare states.

Publishing one can be. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) makes it a federal crime to publish non-consensual intimate images, including AI-generated ones, punishable by up to two years in prison when the victim is an adult and up to three years when the victim is a minor. Most other deepfake rules are state law.

Many include exemptions. Pennsylvania's Act 35 of 2025 (SB 649), which created the crime of digital forgery, exempts satire, parody, commentary and criticism. The scope of these exemptions differs by state, so check the statute where you are.

Louisiana's unlawful deepfakes law (R.S. 14:73.13) carries 5 to 20 years for creating or possessing a sexual deepfake of a minor and 10 to 30 years and fines up to $50,000 for distributing sexual deepfakes without consent. Minnesota's election-deepfake law (§ 609.771) reaches up to five years and $10,000 for a repeat offense, and its NCII deepfake civil action (§ 604.32) allows civil penalties up to $100,000 plus damages and fees.