Deepfake Laws by State: Legal Protections Against AI-Generated Content in 2026
Posted: March 25, 2026 to Compliance.
Deepfake Laws by State: Legal Protections Against AI-Generated Content in 2026
Deepfake law refers to the body of state and federal legislation that regulates the creation, distribution, and use of AI-generated synthetic media, including face-swap videos, voice clones, and fully generated content. As of March 2026, more than 20 states have enacted laws addressing deepfakes in some form, with most statutes focusing on three primary areas: election interference, non-consensual intimate imagery, and fraud. Federal legislation remains pending, though several bills have advanced through committee.
The legal framework is evolving faster than any other area of AI regulation. Between January 2024 and March 2026, 15 new state deepfake laws were enacted. The rapid legislative activity reflects both the growing volume of harmful deepfake content (up 550% since 2023, per Sensity AI data) and high-profile incidents that have galvanized public and political attention. For public figures, executives, and individuals seeking legal protection against AI-generated impersonation, understanding the current state of the law is essential for both prevention and enforcement.
Key Takeaways
- 20+ states have enacted deepfake-specific legislation as of March 2026
- Most state laws focus on election manipulation, non-consensual intimate images, and fraud
- Federal legislation (NO FAKES Act, DEEPFAKES Accountability Act) remains under active consideration
- Right of publicity claims provide an existing legal avenue in most states even without deepfake-specific statutes
- Petronella Technology Group's VIP Security team maintains current expertise in deepfake-related legal frameworks
Federal Deepfake Legislation
Current Federal Law
No comprehensive federal deepfake law exists as of March 2026. However, existing statutes provide partial coverage:
- 18 U.S.C. 1343 (Wire Fraud): Applicable when deepfakes are used as instruments of financial fraud conducted via electronic communications.
- 47 U.S.C. 230 (Section 230): Generally immunizes platforms from liability for user-generated content, including deepfakes, though recent legislative proposals would create carve-outs for AI-generated content.
- FTC Act Section 5: Prohibits unfair or deceptive acts in commerce, which the FTC has used to pursue deepfake-based advertising fraud.
- NDAA FY2020 Section 5709: Required a DHS report on deepfake threats but did not create enforcement mechanisms.
Pending Federal Bills
Several federal bills were under active consideration as of early 2026:
- NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe): Would create a federal right to protect an individual's voice and likeness from unauthorized AI replication. The bill establishes both civil liability and criminal penalties.
- DEEPFAKES Accountability Act: Would require disclosure labels on AI-generated content and create criminal penalties for failure to label.
- DEFIANCE Act: Specifically targets non-consensual intimate deepfakes, creating a federal civil cause of action with statutory damages.
- AI Labeling Act: Would require all AI-generated content distributed publicly to carry machine-readable metadata identifying it as synthetic.
State-by-State Deepfake Laws
| State | Law(s) | Scope | Penalties | Effective |
|---|---|---|---|---|
| California | AB 730, AB 602, AB 1394 | Elections, intimate images, general impersonation | Criminal + civil damages; injunctive relief | 2019-2025 |
| Texas | SB 751, HB 2060 | Elections, intimate images | Class A misdemeanor (elections); state jail felony (intimate images) | 2019, 2023 |
| New York | S.5959, A.8256 | Intimate images, right of publicity (digital replicas) | Civil cause of action with statutory damages up to $30,000 | 2024 |
| Florida | HB 919 | Elections, intimate images | 3rd degree felony (intimate images); misdemeanor (elections) | 2024 |
| Illinois | HB 4875 | Intimate images, general impersonation | Class 4 felony; civil damages | 2024 |
| Virginia | HB 1532, SB 1027 | Intimate images, elections | Class 1 misdemeanor; civil cause of action | 2023-2024 |
| Georgia | HB 986 | Intimate images | Misdemeanor first offense; felony subsequent | 2024 |
| Indiana | SB 180 | Elections, intimate images, fraud | Level 6 felony; civil damages + attorney fees | 2024 |
| Louisiana | HB 648 | Elections | Misdemeanor; up to 6 months jail + $1,000 fine | 2024 |
| Michigan | HB 5141-5144 | Elections | Misdemeanor; 93 days jail + $1,000 fine | 2024 |
| Minnesota | HF 3183 | Elections, intimate images | Gross misdemeanor; up to 1 year jail | 2023 |
| Mississippi | HB 978 | Intimate images | Felony; up to 5 years prison + $10,000 fine | 2025 |
| New Hampshire | HB 1596 | Elections | Misdemeanor; up to 1 year jail | 2024 |
| New Mexico | SB 130 | Intimate images | 4th degree felony; civil damages | 2024 |
| South Dakota | HB 1076 | Elections | Class 1 misdemeanor | 2024 |
| Tennessee | ELVIS Act (HB 2091) | Voice and likeness (broad protection) | Civil cause of action; actual + punitive damages | 2024 |
| Utah | SB 131 | Intimate images | 3rd degree felony | 2024 |
| Washington | SB 5152, HB 1999 | Elections, intimate images | Gross misdemeanor; civil damages | 2023, 2024 |
| Wisconsin | AB 664 | Elections | Misdemeanor; up to 9 months jail | 2024 |
Notable State Laws in Detail
Tennessee ELVIS Act (Ensuring Likeness Voice and Image Security Act)
Tennessee's ELVIS Act, effective July 2024, is the most comprehensive state deepfake law enacted to date. Named in recognition of Tennessee's entertainment industry heritage, the law extends the state's existing right of publicity to explicitly cover AI-generated replicas of voice and likeness. It creates a civil cause of action with actual damages, punitive damages, and attorney fee recovery. Notably, the ELVIS Act applies regardless of whether the deepfake is created for commercial purposes, providing broader protection than laws limited to commercial misuse.
California AB 602 and AB 1394
California's legislative approach has been incremental. AB 602 (2019) created a civil cause of action for individuals depicted in deepfake intimate images. AB 730 (2019) addressed election-related deepfakes within 60 days of an election. AB 1394 (2025) expanded protections to cover general impersonation with both criminal penalties and civil remedies. California's framework is notable for providing both criminal prosecution paths and private rights of action.
New York Digital Replica Law
New York's 2024 legislation amended the state's existing right of publicity statute to specifically cover "digital replicas," defined as computer-generated depictions of an individual's likeness, voice, or other identifying characteristics. The law creates statutory damages of up to $30,000 per violation plus actual damages, making it one of the strongest financial deterrents in the country.
Legal Strategies for Deepfake Victims
Even in states without specific deepfake legislation, multiple legal theories are available:
- Right of publicity: Available in most states as either a statutory or common law right, protecting against unauthorized commercial use of likeness. Courts have increasingly applied this to AI-generated content.
- Defamation: When a deepfake attributes false statements or actions to the depicted individual, defamation claims are available in every state.
- Intentional infliction of emotional distress: Applicable when the creation or distribution of the deepfake constitutes extreme and outrageous conduct.
- Lanham Act Section 43(a): Federal unfair competition law that can apply when deepfakes create false endorsements or associations.
- Copyright: When the deepfake incorporates copyrighted material (photographs, video footage), DMCA takedown procedures provide a rapid content removal mechanism.
Petronella Technology Group's digital forensics team supports legal proceedings by providing expert analysis, evidence preservation, and authentication testing that meets evidentiary standards. Our cybersecurity professionals work alongside legal counsel to build cases that withstand technical scrutiny.
International Context
The EU AI Act, taking full effect in August 2026, represents the most comprehensive international framework for deepfake regulation. Key provisions include mandatory disclosure requirements for AI-generated content, obligations on platforms to implement detection and labeling systems, and enforcement mechanisms with penalties up to 6% of global annual turnover. The UK's Online Safety Act includes provisions addressing deepfake intimate imagery. China's Deep Synthesis Provisions, effective January 2023, require content labels and consent for creating AI-generated content depicting real individuals.
Frequently Asked Questions
Can I take legal action against a deepfake creator if I do not know their identity?
Yes. "John Doe" lawsuits allow victims to file claims against unidentified defendants and then use the discovery process to compel platforms and internet service providers to disclose identifying information. Subpoenas can be issued to hosting providers, social media platforms, and domain registrars to trace the creator. Digital forensic analysis can also identify creators through metadata analysis, behavioral patterns, and technical artifacts in the synthetic media. Courts have been increasingly willing to expedite these discovery processes in deepfake cases.
Do deepfake laws protect deceased individuals?
This varies by state. States with strong right of publicity laws (Tennessee, California, Indiana) extend post-mortem rights of publicity for periods ranging from 40 to 100 years after death. The Tennessee ELVIS Act explicitly covers deceased individuals. However, states relying on common law publicity rights may not extend protections beyond death. For estate planning purposes, families should consider jurisdictions with strong post-mortem protections. Petronella Technology Group's VIP Security program can advise on jurisdictional considerations for protecting the digital likeness of both living and deceased family members.
Know Your Rights. Enforce Them.
Petronella Technology Group helps public figures, executives, and their legal teams navigate the evolving deepfake legal landscape. From forensic analysis to expert testimony, our team supports enforcement actions across all jurisdictions.
Call 919-348-4912 for a consultation on your deepfake legal options.
Petronella Technology Group, Inc. | 5540 Centerview Dr. Suite 200, Raleigh, NC 27606
