
A Federal Judge Calls AI Deepfake Defamation Uncharted Territory
A federal court in Tennessee let a defamation claim over AI-generated videos survive dismissal on September 16, 2026, finding no caselaw on whether a deepfake can defame.
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A federal court in Tennessee let a defamation claim over AI-generated videos survive dismissal on September 16, 2026, finding no caselaw on whether a deepfake can defame.

AI voice cloning laws by state: Tennessee's ELVIS Act, the six states that followed it, and the pending federal NO FAKES Act.

Alabama's private-image law (Ala. Code 13A-6-240) covers AI-generated adult NCII deepfakes, plus 2024 laws on election deepfakes and AI-generated CSAM.

Alaska has no enacted deepfake law as of mid-2026. HB 47 passed the House but remains pending in the Senate. Federal law fills key gaps. Learn what is and is not covered.

AI voice scam calls can break federal law: the FCC applies the TCPA to AI voices, wire fraud covers the theft, and Arizona and New Hampshire add statutes.

Arizona criminalizes deepfake intimate images (ARS 13-1425), AI voice fraud (ARS 13-2006, Class 5 felony), and AI-generated child exploitation material. Election deepfakes carry civil liability under ARS 16-1023.

Arkansas enacted three deepfake laws in 2025: Act 827 criminalizes nonconsensual deepfake sexual images, Act 977 covers AI-generated child exploitation material, and Act 159 protects AI-cloned voices commercially.

Gov. Newsom signed AB 686 on Sept. 19, 2026, extending California's deepfake candidate media law (Elections Code 20010) from a 2027 sunset to January 2031.

California has some of the most comprehensive deepfake laws in the US: Civ. Code § 1708.86 creates a civil action for intimate deepfakes; Penal Code § 647(j)(4) makes distribution a misdemeanor; and Civ. Code § 3344 covers AI voice cloning.

California SB 1111, Chapter 862, signed September 30, 2026, adds AI digital replicas to Civil Code 3344 and false personation law, effective January 1, 2027.

California SB 1276, signed Sept. 10, 2026, adds AI-generated abuse images to the mandated-reporting law and expands Penal Code 311.3, effective Jan. 1, 2027.

An amended complaint filed July 7, 2026 adds Stability AI to the xAI/Grok CSAM class action, and a court granted the plaintiffs pseudonymous status on July 30. All allegations are unproven.

Colorado outlaws AI-generated intimate deepfakes (SB 25-288, eff. Aug. 6, 2025) and election deepfakes (HB 24-1147, eff. July 1, 2024). Learn the statutes, penalties, and victim rights.

Connecticut enacted its first deepfake-specific law in 2025, criminalizing AI-generated intimate images. Learn what is illegal, penalties, civil remedies, and how federal law fills remaining gaps.

A Minnesota judge denied xAI a preliminary injunction against the state nudification law on September 4, 2026 without deciding the First Amendment question.

Deepfake and AI voice cloning laws by state (2026): all 50 states and DC compared across sexual deepfakes, election deepfakes, and voice cloning rights, plus federal TAKE IT DOWN Act and ELVIS Act analysis.

No federal rule governs deepfake evidence. Draft Rule 901(c) is unapproved and Rule 707 was withdrawn. What authentication law actually requires right now.

Using a deepfake to defraud someone is illegal under fraud law everywhere. See the federal hooks, pending AI fraud bills and state AI impersonation crimes.

Delaware criminalizes sexual deepfakes as a class G felony under 11 Del. C. § 1335(a)(9) and gives victims a civil right of action. Learn what is illegal, penalties, and federal protections.

DC has no explicit deepfake law yet. D.C. Code s. 22-3052 covers NCII but omits AI; B26-0524 (pending) would fix that. The federal TAKE IT DOWN Act fills the adult intimate-deepfake gap.

Eighth Circuit granted xAI an injunction pending appeal on October 2, 2026 in a one-sentence order with no reasons. Minnesota's nudification law is undecided.

The 8th Circuit ruled Minn. Stat. 211B.075's civil injunction against 'materially false' election speech is an unconstitutional prior restraint (Aug. 20, 2026).

A federal judge preliminarily blocked Montana's election deepfake law, but only for the two plaintiffs who sued. The law remains enforceable statewide.

Florida criminalizes sexual deepfakes under § 836.13 (third-degree felony) and requires AI disclaimers in political ads under § 106.145. Here is what victims and creators need to know.

Georgia criminalizes sexual deepfakes under OCGA § 16-11-90 (amended 2020), which explicitly covers AI-generated intimate images. No election deepfake or voice-cloning law is enacted. Federal TAKE IT DOWN Act also applies.

Hawaii's Act 247 (HB 2137), signed July 14, 2026, creates a civil right to sue over AI deepfakes, with damages up to $25,000 per item plus injunctions.

Hawaii enacted a criminal deepfake NCII law in 2021 (HRS 711-1110.9, class C felony). Its 2024 election deepfake law was struck down in January 2026. A broad 2026 AI deepfake bill (HB 2137) awaits the governor's signature.

A step-by-step guide to getting a non-consensual intimate image removed: preserve evidence, use the right hash tool, file the platform request, and escalate to the FTC.

Idaho criminalizes nonconsensual explicit deepfakes under Idaho Code § 18-6606 (2024) and regulates AI-generated synthetic media in elections under § 67-6628A. Learn penalties and your rights.

Illinois has enacted some of the strongest deepfake laws in the nation. Learn about 720 ILCS 5/11-23.7, 765 ILCS 1075 (HB 4875), BIPA, and federal law for victims.

Illinois HB 3851 took effect July 1, 2026, amending 105 ILCS 5/27-23.7 so unauthorized AI 'digital replicas' of students count as cyberbullying.

Indiana outlaws deepfake intimate images (IC 35-45-4-8, HEA 1047, eff. July 1, 2024), requires disclaimers on AI election ads (IC 3-9-8-5), and protects voice under IC 32-36-1.

Iowa criminalized intimate deepfakes effective July 1, 2024. Iowa Code § 708.7 covers synthetic intimate images of adults and § 728.12 covers AI images of minors. Federal TAKE IT DOWN Act adds more.

Kansas criminalizes non-consensual intimate AI-generated images under KSA 21-6101(a)(8) (felony, eff. July 2025). No election deepfake or voice cloning law enacted. Federal TAKE IT DOWN Act also applies.

Kentucky has no deepfake-specific NCII law for adults, but KRS 531.120 covers nonconsensual intimate images, KRS 117.322 (2025) addresses election synthetic media, and federal TAKE IT DOWN Act now applies statewide.

Louisiana criminalizes sexual deepfakes under R.S. 14:73.13 (2023), with penalties up to 30 years for distribution. No election deepfake law after Gov. Landry vetoed HB 154 in 2024.

Maine criminalizes AI-generated intimate deepfakes under 17-A § 511-A (amended 2025) and AI-CSAM under PL 2025 c. 719. Election ads with synthetic media require disclosure from July 29, 2026. Federal TAKE IT DOWN Act applies.

Maryland outlaws deepfake intimate images (SB 360, eff. July 1, 2025) and election deepfakes (SB 361, eff. June 1, 2025). Learn penalties, civil rights, and federal protections.

Massachusetts outlaws sexual deepfakes under M.G.L. ch. 265, § 43A (eff. Sept. 2024), with penalties up to 2.5 years prison. Election deepfake bills passed the House in 2026 but are not yet law.

Michigan criminalizes intimate deepfakes (PA 11 of 2025, up to 3 years), election deepfakes (MCL 168.932f, effective Feb 2024), and covers AI-CSAM under MCL 750.145c. No statutory voice-cloning law yet.

Minnesota outlaws sexual deepfakes (Minn. Stat. § 617.262), election deepfakes (§ 609.771), and nudification apps (HF 1606, eff. Aug. 1, 2026). Learn penalties and victim rights.

Mississippi has an election deepfake law (SB 2577, eff. July 2024) and AI-CSAM statute (HB 1126, 2024), but no adult NCII deepfake law. Federal TAKE IT DOWN Act fills the gap for intimate imagery.

Missouri has no enacted deepfake-specific law for adults as of mid-2026. Learn what state and federal statutes protect you, what bills failed, and what victims can do.

Montana has among the most comprehensive deepfake laws in the US. Learn about HB 514 (NCII criminal), SB 25 (election disclosure), HB 513 (voice/likeness rights), and federal TAKE IT DOWN Act protections.

Nebraska criminalizes AI-generated CSAM and has a civil remedy for deepfake intimate images. No election deepfake law exists. Learn penalties and victim options.

Nevada criminalizes AI-generated intimate deepfakes as a category D felony under NRS 200.780 (SB 213, 2025). Learn about election disclosure rules, voice-cloning rights, and federal protections.

New Hampshire has some of the nation's strongest deepfake laws. RSA 638:26-a (eff. Jan. 1, 2025) makes harmful deepfakes a Class B felony and creates a first-in-nation private right of action.

New Jersey enacted P.L. 2025, c.40 (A3540) on April 2, 2025, creating criminal and civil penalties for deepfakes used to commit crimes. Learn NJ's statutes, penalties, and victim options.

New Mexico HB 182 (2024) bans deceptive AI election media 90 days before a vote. No adult NCII deepfake law exists; the federal TAKE IT DOWN Act fills the gap.

New York has strong deepfake laws: Penal Law 245.15 criminalizes AI-altered intimate images, Civil Rights Law 52-c adds civil remedies, and Election Law 14-106 was updated in 2024.

The NO FAKES Act (S.4591) advanced out of the Senate Judiciary Committee on June 18, 2026. It is not yet law. Here is what the federal AI voice and likeness bill would do.

North Carolina outlaws sexual deepfakes of adults and AI-generated CSAM under Session Law 2024-37 (eff. Dec. 1, 2024). No election deepfake law yet. Learn penalties, civil remedies, and your options.

North Dakota outlaws sexual deepfakes (Class A misdemeanor, up to $10,000 civil damages) and requires AI disclosure in political ads. Learn what the 2025 laws cover.

Ohio has no enacted state deepfake law as of 2026. SB 163 (pending House) would criminalize AI-CSAM and expand identity fraud. Federal TAKE IT DOWN Act applies now, and an Ohio man was its first-ever conviction.

Oklahoma criminalizes AI-generated sexual deepfakes under 21 O.S. s. 1040.13b (HB 1364, eff. Nov. 1, 2025). Learn the penalties, what is not yet covered, and how federal law fills the gaps.

Oregon criminalizes nonconsensual intimate deepfakes under ORS 163.472 (HB 2299, eff. Jan. 1, 2026) and requires disclosure of synthetic media in political ads under ORS 260.268 (SB 1571, 2024).

Pennsylvania has enacted two deepfake laws: Act 125 (2024) criminalizes AI sexual imagery, and Act 35 (2025) bans digital forgery including AI voice cloning. Penalties up to felony.

Queens DA charged ex-NYC Council candidate Jonathan Rinaldi with forgery over AI-faked endorsements and a fake NY Post story. Charges only; he is presumed innocent.

Is revenge porn illegal? Yes, in all 50 states, DC, and under federal law. Compare every state criminal statute, penalty tier, deepfake coverage, and civil remedy.

Rhode Island outlaws AI deepfakes in two areas: nonconsensual intimate images under R.I. Gen. Laws s. 11-64-3 (signed July 2, 2025) and election deepfakes under ch. 17-30. No voice-cloning statute yet.