Deepfake laws by state (2026)
The federal law, four kinds of state law, and a sourced state-by-state table
The short version
- Federal: the TAKE IT DOWN Act covers nonconsensual intimate images, including AI-generated ones. Platforms must remove them within 48 hours of a valid request.
- States: according to Ballotpedia, 48 states address sexually explicit deepfakes, and NCSL counts 31 with laws on AI in political messaging.
- Everything else, from cloned voices to deepfake ads, is a patchwork of state publicity, fraud and advertising laws.
This guide is a plain-English summary, not legal advice. For a specific situation, talk to a licensed attorney in your state.
Federal law
- TAKE IT DOWN Act (2025). Signed May 19, 2025. It makes it a federal crime to knowingly publish nonconsensual intimate images, real or AI-generated, and requires covered websites and apps to set up a removal process and take content down within 48 hours. The FTC began enforcing the platform rules on May 19, 2026, with civil penalties of up to $53,088 per violation, and the next day sent warning letters to 12 companies.
- AI voices in robocalls. In February 2024 the FCC ruled that AI-generated voices are "artificial" under the Telephone Consumer Protection Act, so robocalls using them need prior consent.
- Pending in Congress. The DEFIANCE Act (S.1837), which would let victims of sexual deepfakes sue, passed the Senate on Jan 13, 2026. The NO FAKES Act of 2026 (S.4591), a federal right over your digital voice and likeness, was reported by the Senate Judiciary Committee in June 2026. Neither is law yet.
Four kinds of state law
- Election Election deepfakes. NCSL counts 31 states. Approaches differ: some ban deceptive deepfakes in a window before an election (California, Minnesota and Texas used time windows), some require a disclosure label instead, and Maryland's 2026 law applies year-round. Public Citizen called Maryland the 30th state to act. These laws face First Amendment challenges; see California below.
- Intimate images Intimate-image deepfakes. The most common category. Ballotpedia found that as of August 2026 every state except Ohio and New Mexico has a law on sexually explicit deepfakes, covering adults, minors or both. Penalties and civil remedies vary widely.
- Voice & likeness Voice and likeness. Right-of-publicity laws, updated in states such as Tennessee (the ELVIS Act), Illinois and California, protect people, and especially performers, from unauthorized digital replicas.
- Fraud & ads Fraud and advertising. Newer laws target deepfakes used to scam people or mislead consumers, such as Pennsylvania's digital forgery crime and its 2026 AI advertising disclosure law, and New York's synthetic performer disclosure rule.
State-by-state table
A selection of notable state laws, not a complete list. Each row links to the law or an official source. Status is as of Oct 23, 2026.
| State | Law | What it does | Status | Source |
|---|---|---|---|---|
| California | Civil Code §1708.86Intimate images | Lets a person depicted in sexually explicit altered or AI-created material without consent sue the creator or distributor for damages. | In force | California Legislative Information |
| California | AB 2602 and AB 1836 (2024)Voice & likeness | AB 2602 limits contract clauses that let studios replace performers with digital replicas without informed consent and representation; AB 1836 requires estate consent for digital replicas of deceased performers. | Signed Sept 17, 2024; in force Jan 1, 2025 | California Legislative Information (AB 2602) |
| California | AB 2839 and AB 2655 (2024)Election | Would have restricted deceptive election deepfakes and required large platforms to remove or label them. | Struck down by a federal court in August 2025 (Kohls v. Bonta): AB 2839 on First Amendment grounds, AB 2655 under Section 230 | Kohls v. Bonta, E.D. Cal. (govinfo) |
| Illinois | HB 4875 (Public Act 103-0836)Voice & likeness | Amends the Right of Publicity Act so that unauthorized digital replicas of a person's identity are covered. | Signed Aug 9, 2024; in force Jan 1, 2025 | Illinois General Assembly |
| Maryland | SB 141 (2026)Election | Prohibits knowingly or recklessly using a deepfake to spread materially false election information; lets election officials correct it and seek removal. Applies year-round. | Signed May 2026; in force June 1, 2026 | Maryland General Assembly |
| Minnesota | Statutes §609.771Election | Criminalizes disseminating a deepfake to influence an election, without consent, within 90 days before a nominating convention or after absentee voting begins. | In force; in Feb 2026 the 8th Circuit upheld the denial of a preliminary injunction against it, without ruling on the merits | Minnesota Revisor of Statutes |
| Minnesota | Statutes §617.262Intimate images | Creates civil and criminal liability for nonconsensual dissemination of sexual deepfakes of an identifiable person. | In force | Minnesota Revisor of Statutes |
| New York | S.8420-A/A.8887-B (2025)Fraud & ads | Requires advertisers to conspicuously disclose when an ad uses an AI-generated "synthetic performer". Fines of $1,000 for a first violation and $5,000 after that. | Signed Dec 11, 2025; in force June 9, 2026 | Office of the Governor of New York |
| Pennsylvania | Act 35 of 2025 (SB 649)Fraud & ads | Creates the crime of digital forgery: knowingly creating and spreading a nonconsensual, deceptive digital likeness to defraud or injure. A misdemeanor, or a felony when used to defraud, coerce or steal. | Signed July 7, 2025; in force Sept 5, 2025 | Pennsylvania General Assembly |
| Pennsylvania | Act 99 of 2026 (SB 806)Fraud & ads | Bars deceptive AI-generated content in advertising and requires a clear AI disclosure; civil fines up to $3,000, enforced by the attorney general and district attorneys. Exempts parody, satire and evident fiction. | Signed Oct 22, 2026; takes effect in 60 days | City & State PA |
| Tennessee | ELVIS Act (2024)Voice & likeness | Adds voice to the state's right of publicity, covering AI imitations of a person's voice, and creates liability for tools whose primary purpose is making unauthorized voice or likeness copies. | Signed Mar 21, 2024; in force July 1, 2024 | Office of the Governor of Tennessee |
| Texas | Election Code §255.004 (SB 751, 2019)Election | Makes it a crime to create and publish a deepfake video within 30 days of an election with intent to injure a candidate or influence the result. | In force since Sept 1, 2019 | Texas Legislature (SB 751 text) |
| Texas | Penal Code §21.165Intimate images | Criminalizes producing or distributing sexually explicit deepfakes of a person without consent; SB 441 expanded it in 2025. | In force; expansion effective Sept 1, 2025 | Texas Constitution and Statutes |
| Virginia | Code §18.2-386.2Intimate images | Makes it a Class 1 misdemeanor to share intimate images of a person, including created or altered images of a recognizable person, with intent to coerce, harass or intimidate. | In force | Code of Virginia |
Elsewhere this week
From our weekly law tracker:
- United Kingdom (House of Commons): Artificial Intelligence (Consent and Misuse) Bill. Introduced (Presentation Bill by Dawn Butler MP); first reading Oct. 20, 2026; second reading listed Nov. 27 (unlikely to be debated). Source
- European Union: EU AI Act prohibition on 'nudifier' / non-consensual intimate imagery systems. Enacted; applies Dec. 2, 2026. 119 MEPs are pressing the Commission and member states on enforcement. Source
- India (Delhi High Court): Kriti Sanon personality-rights petition against AI deepfakes. Pending; Justice Purushaindra Kumar Kaurav sought a compilation of legal questions; next hearing Oct. 29, 2026. Source
If you're targeted
- Intimate deepfakes: request removal from the platform (the TAKE IT DOWN Act requires covered platforms to act within 48 hours), and use StopNCII.org if you're an adult or NCMEC Take It Down for images of minors to block copies. Free support is available from the Cyber Civil Rights Initiative.
- Scams and impersonation: report to ReportFraud.ftc.gov and ic3.gov, and see our voice-clone scam guide.
- Election deepfakes: report to the platform and your state or local election office.
- Keep evidence: URLs, screenshots with dates, and account names, before content disappears.
- Tell us through our report a deepfake page.
Frequently asked questions
Is there a federal deepfake law in the US?
Yes, for intimate images. The TAKE IT DOWN Act, signed May 19, 2025, makes it a federal crime to knowingly publish nonconsensual intimate images, including AI-generated ones, and requires covered platforms to remove them within 48 hours of a valid request. The FTC began enforcing the platform requirements on May 19, 2026. There is no general federal ban on political or other deepfakes.
How many states have deepfake laws?
Ballotpedia reported in August 2026 that 48 states have laws addressing sexually explicit deepfakes, with Ohio and New Mexico the exceptions. The National Conference of State Legislatures counted 31 states with laws on AI in political messaging as of October 2026.
Are election deepfakes illegal?
It depends on the state and the timing. Some states, such as Texas and Minnesota, restrict deceptive deepfakes in a window before an election; others require a disclosure label; Maryland's 2026 law applies year-round. Courts have also limited these laws: California's 2024 election deepfake laws were struck down in 2025.
Can I get a deepfake of me taken down?
If it is an intimate image, the TAKE IT DOWN Act requires covered platforms to remove it within 48 hours of a valid request, and tools such as StopNCII.org (adults) and NCMEC's Take It Down (minors) help block copies. For other deepfakes, use the platform's impersonation or manipulated media reporting tools and talk to a lawyer about state right-of-publicity or fraud laws.
Is this legal advice?
No. Laws change quickly and depend on the facts. This page is a plain-English summary with links to the laws and official sources. Consult a licensed attorney in your state about your situation.
Sources
Every factual claim on this page links to one of these. We checked each source on Oct 23, 2026.
- S.146 — TAKE IT DOWN Act · Congress.gov
- FTC Begins Enforcing the TAKE IT DOWN Act · FTC, May 2026
- FTC Sends Warning Letters to Companies About Compliance with the TAKE IT DOWN Act · FTC, May 2026
- FCC Makes AI-Generated Voices in Robocalls Illegal · FCC, Feb 2024
- S.1837 — DEFIANCE Act · Congress.gov
- S.4591 — NO FAKES Act of 2026 · Congress.gov
- Artificial Intelligence (AI) in Elections and Campaigns · NCSL
- Forty-eight States Now Have Laws Addressing Sexually Explicit Deepfakes · Ballotpedia, 2026
- 30 States Now Have Laws to Regulate Election Deepfakes · Public Citizen, 2026
- California: Civil Code §1708.86 · California Legislative Information
- California: AB 2602 and AB 1836 (2024) · California Legislative Information (AB 2602)
- California: AB 2839 and AB 2655 (2024) · Kohls v. Bonta, E.D. Cal. (govinfo)
- Illinois: HB 4875 (Public Act 103-0836) · Illinois General Assembly
- Maryland: SB 141 (2026) · Maryland General Assembly
- Minnesota: Statutes §609.771 · Minnesota Revisor of Statutes
- Minnesota: Statutes §617.262 · Minnesota Revisor of Statutes
- New York: S.8420-A/A.8887-B (2025) · Office of the Governor of New York
- Pennsylvania: Act 35 of 2025 (SB 649) · Pennsylvania General Assembly
- Pennsylvania: Act 99 of 2026 (SB 806) · City & State PA
- Tennessee: ELVIS Act (2024) · Office of the Governor of Tennessee
- Texas: Election Code §255.004 (SB 751, 2019) · Texas Legislature (SB 751 text)
- Texas: Penal Code §21.165 · Texas Constitution and Statutes
- Virginia: Code §18.2-386.2 · Code of Virginia