A fake explicit video of you appears online, and you ask what states are deepfakes illegal in. Short answer: state legislatures are passing intimate-deepfake laws, scope varies by state, and federal law now covers posting them.
Deepfake rules are one part of the wider debate covered in our ai regulation explained guide. This page focuses on which states have acted, who each law protects, and what a targeted person can do.
State intimate-deepfake laws at a glance
Public Citizen’s tracker of intimate-deepfake legislation describes state legislatures passing laws to regulate intimate deepfakes, usually with bipartisan support. Each bill sets its own scope, so the protection you have depends on what your state enacted and whom the law covers. The table below shows how much that differs even among a handful of entries.
| State and bill | Status | Who is covered | Planning use |
|---|---|---|---|
| California SB 926 | Enacted | Everyone | Applies to adult and minor victims alike, so it is the broader California tool. |
| California SB 857 | Enacted | Minors only | Relevant only where the person depicted is a minor. |
| Alaska HB 239 | Enacted | Minors only | Do not assume it protects an adult victim. |
| Delaware HB 353 | Enacted | Everyone | Covers adults and minors. |
| New Mexico HB 401 | Failed | Broad (all non-consensual deepfakes) | Not law, so it gives no protection however broad its wording. |
Status and scope in the table come from the Public Citizen intimate-deepfake tracker.
- Read the scope column first. A law that covers “Everyone” reaches adult victims. A “Minors only” law does not, so an adult in that state may have to rely on other state law or on the federal statute described below.
- Enacted is not the same as broad. California appears twice in the table, once with a law covering everyone and once with a law limited to minors. A single state can hold several overlapping statutes with different reach.
- A failed bill protects nobody. New Mexico’s HB 401 was written broadly, but it did not pass. Check a bill’s status before citing it.
For creators, the practical rule follows from this. Treat any realistic sexual image of a real person who has not agreed to it as a legal risk everywhere, because laws that cover everyone already exist and federal law applies nationwide.
Common misunderstandings about deepfake laws
“If a state passed a deepfake law, I am covered”
Not necessarily. The tracker marks the Alaska and California minors-only bills as enacted. Both are real laws, yet neither speaks to an adult victim. Before relying on a statute, identify who it names as protected.
“A bill that was introduced is effectively a ban”
No. Introduction and passage are different stages. The New Mexico bill covering all non-consensual deepfakes is listed as failed. Headlines about proposed rules often describe bills that never became law, so look for “enacted” status.
“Sharing a deepfake is a minor offence”
Penalties can be severe. The American Academy of Pediatrics’ overview of laws on AI-generated deepfakes reports that sharing deepfakes without permission is a felony in Tennessee, with penalties of up to 15 years in prison and a fine of up to $10,000. Treat that as the outer end of what a state can impose rather than a typical result.
“The tracker list covers every kind of deepfake”
It does not. The Public Citizen tracker concerns intimate deepfakes. Other uses of synthetic media, such as political content or fraud, fall under separate statutes. If your concern is one of those, look up your own state’s rules on that topic rather than assuming the intimate-image laws reach it.
The federal TAKE IT DOWN Act
Yes, there is a federal deepfake law, though it targets a specific harm. The TAKE IT DOWN Act was signed into law on May 19, 2025. The Conference Board’s summary of the law explains that it makes posting non-consensual intimate images (NCII) online a federal crime, and that this includes AI-generated images.
- It fills a gap. States already had NCII laws, but until this Act there was no federal criminal provision. Victims in states with narrow or minors-only laws now have a federal route for intimate imagery.
- It reaches platforms. The Act requires covered platforms to put clear processes in place to remove reported content within 48 hours. The Federal Trade Commission enforces the law against platforms using its powers over unfair or deceptive practices.
- It passed with broad support. The House approved the bipartisan bill in April 2025 by a vote of 409-2.
The Act is about non-consensual intimate imagery. It does not replace state laws on other kinds of synthetic media, and it does not settle which state bills are in force. Use it as a floor for intimate content and consult your state’s statute for anything beyond that.
What to do if you are targeted
Act in this order, because evidence can disappear once content is removed.
- Preserve evidence first. Save the URLs, take screenshots showing the page and date, and note where the content appeared and who shared it. Do this before reporting, since a takedown can remove your only record.
- Report to the platform. Use the site’s reporting tool for intimate or non-consensual imagery. Covered platforms are expected to maintain a removal process under the TAKE IT DOWN Act, and a clear, specific report gives them what they need to act.
- Identify the law that fits your situation. Check whether your state’s statute covers everyone or minors only, using the table above as a model of what to look for. If you are an adult in a minors-only state, the federal Act is the likelier route for intimate images.
- Get legal help or contact law enforcement. A lawyer can advise on civil options and on how your state’s statute applies. If the content involves a minor or comes with threats or extortion, contact the police promptly.
If you create synthetic media, the same logic works in reverse: obtain consent from anyone whose likeness you use, and do not post intimate synthetic images of real people. Deepfakes are also one example of automated systems causing harm at scale; our article Algorithmic Bias Examples: 7 Real-World Cases That Reveal Hidden Harms (2026 Guide) – Technopolicy looks at a different side of that problem.
Frequently asked questions
| Question | Answer |
|---|---|
| Is there a federal deepfake law? | Yes, but a narrow one. The TAKE IT DOWN Act deals with non-consensual intimate images, including AI-generated ones, rather than every kind of deepfake. |
| Do state deepfake laws protect adults? | It depends on the statute. California’s and Delaware’s everyone-scope laws cover adults, while the minors-only laws in California and Alaska do not. |
| Is the TAKE IT DOWN Act controversial? | Some critics, including the Cyber Civil Rights Initiative, say its takedown provisions are unconstitutionally vague and overbroad and lack adequate safeguards against misuse, according to the Conference Board. |
| Who enforces the Act against platforms? | The Federal Trade Commission, using its authority over unfair or deceptive practices. |
