
Right of Publicity Laws: State-by-State Overview (2026)
Right of publicity law explained: statutory vs. common-law states, postmortem duration by state, and how AI digital-replica laws changed the landscape.
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Right of publicity law explained: statutory vs. common-law states, postmortem duration by state, and how AI digital-replica laws changed the landscape.

The Seventh Circuit held 18 U.S.C. 1466A(b)(1) unconstitutional as applied to in-home possession of AI-generated CSAM. What the August 25, 2026 ruling does.

South Carolina enacted H 3058 in May 2025, criminalizing nonconsensual intimate deepfakes (NCII) under S.C. Code ss. 16-15-330 to 16-15-332. Learn the penalties, civil remedies, and gaps in SC deepfake law.

South Dakota has three deepfake laws: SDCL 22-21-4 (manipulated intimate images), SB 79 (2024) AI-CSAM, and SB 164 (2025) election deepfakes. SB 41 adds a felony tier effective July 1, 2026.

Tennessee has enacted multiple deepfake laws: the ELVIS Act (voice cloning, eff. July 2024), the Preventing Deepfake Images Act (NCII felony, eff. July 2025), and a new election-deepfake disclosure law (eff. July 2026).

Texas has some of the strongest deepfake laws in the nation. Penal Code 21.165 criminalizes AI intimate deepfakes; Election Code 255.004 was the first U.S. election-deepfake law (2019).

Utah criminalizes AI-generated intimate deepfakes under Utah Code 76-5b-203 and requires AI disclosure in political ads under 20A-11-1104. Learn penalties, civil remedies, and federal protections.

Vermont outlaws sexual deepfakes under 13 V.S.A. s. 2606 (Act 161, 2024) and requires AI election-media disclosure under Act 75 (2026). Penalties up to 5 years. AI-CSAM gap: federal law applies.

Virginia's § 18.2-386.2 (amended 2019, 2024) was among the first deepfake NCII laws in the nation. Learn the penalties, what is and isn't covered, and how federal law fills the gaps.

Washington has among the most comprehensive deepfake laws in the US: RCW 9A.86.030 criminalizes intimate deepfakes, RCW 29B.35 covers election synthetic media, and SSB 5886 (eff. June 11, 2026) raises civil penalties under RCW 63.60.

West Virginia has no state law against adult intimate deepfakes, but federal TAKE IT DOWN Act fills the gap. State law SB 198 (W.Va. Code §61-8C-12) criminalizes AI-generated CSAM with up to 10 years prison.

The Take It Down Act (Public Law 119-12) criminalizes non-consensual intimate images, covers AI deepfakes, and gives platforms 48 hours to remove them.

Wisconsin outlaws sexual deepfakes under s. 942.09 (2025 Act 34) and requires AI disclosure in campaign ads under s. 11.1303(2m). Learn penalties and what victims can do.

Wyoming has two deepfake laws: Wyo. Stat. 6-4-306 (nonconsensual intimate images including AI, misdemeanor) and new 6-4-307 (synthetic sexual material, felony, effective July 1, 2026).

Wyoming's HB 102 took effect July 1, 2026, creating three new felonies for AI deepfake sexual imagery, AI-generated child abuse material, and self-harm AI systems.

xAI sued a Grok user in Texas federal court on July 14, 2026 over alleged AI deepfakes and CSAM. What the TOS-breach theory means for AI liability.

xAI filed a First Amendment lawsuit July 27, 2026 against Minnesota AG Keith Ellison over HF 1606's ban on AI nudification tools. A TRO was denied July 31; the injunction motion is undecided.