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AI Laws and Regulation in the United States (2026)

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 15 primary sources cited on this page. How we verify our legal content

AI Laws and Regulation in the United States (2026)

Frequently Asked Questions

Is there a federal AI law in the United States?

There is no comprehensive federal AI law as of 2026. The TAKE IT DOWN Act (P.L. 119-12), signed May 2025, is the first federal law directly regulating AI-generated content, specifically nonconsensual intimate deepfakes. Federal AI policy is otherwise driven by executive orders and voluntary NIST frameworks rather than legislation.

Which states have AI laws?

All 50 states, Washington D.C., Puerto Rico, and the U.S. Virgin Islands have introduced AI legislation. In 2025, 38 states enacted roughly 100 AI-related measures. Colorado, California, Texas, Illinois, and New York have the most significant enacted AI laws, covering everything from algorithmic discrimination to deepfakes to AI in employment.

What is the Colorado AI Act?

Colorado SB 24-205, signed May 2024, was the first comprehensive state AI law in the United States. It would have regulated high-risk AI systems making consequential decisions in employment, education, healthcare, housing, insurance, and financial services, requiring algorithmic discrimination prevention, impact assessments, and consumer notification. It was repealed before ever taking effect: Governor Polis signed SB 26-189 on May 14, 2026, replacing it with a narrower Automated Decision-Making Technology (ADMT) Act focused on consumer notice and disclosure, effective January 1, 2027.

Can employers use AI for hiring decisions?

Employers can use AI in hiring, but face growing restrictions. NYC Local Law 144 requires annual independent bias audits of automated hiring tools. California FEHA rules (effective October 2025) require bias testing and four-year record retention. Illinois HB 3773 (effective January 2026) makes discriminatory AI use in employment a civil rights violation. Colorado's original AI Act would have required impact assessments for AI used in employment decisions, but that law was repealed before taking effect; its replacement (SB 26-189, effective January 1, 2027) requires consumer notice rather than impact assessments.

Are deepfakes illegal in the United States?

Deepfakes are regulated at both the federal and state level. The federal TAKE IT DOWN Act criminalizes nonconsensual intimate deepfakes with up to 3 years imprisonment. At the state level, 47 states have enacted deepfake legislation: 46 states address sexually explicit deepfakes and 28 states regulate deepfakes in political communications.

What is the TAKE IT DOWN Act?

The TAKE IT DOWN Act (P.L. 119-12), signed May 19, 2025, is the first federal law targeting AI-generated content. It criminalizes the nonconsensual publication of intimate images, including AI deepfakes, with penalties of up to 2 years for adults and 3 years for minors. Platforms must remove reported content within 48 hours and establish notice-and-takedown systems by May 19, 2026.

Can the federal government override state AI laws?

An executive order alone cannot override state law. President Trump's December 2025 EO 14365 attempts to preempt state AI regulation through litigation, conditional funding, and federal standards, but states retain their regulatory authority unless Congress passes preemptive legislation or courts strike down specific state laws. The Senate voted 99-1 in July 2025 to reject a proposed 10-year federal moratorium on state AI regulation.

What is the NIST AI Risk Management Framework?

The NIST AI Risk Management Framework (AI RMF 1.0), published January 26, 2023, is a voluntary federal framework for managing AI risks. It has become influential because state laws build on it. Under Texas's TRAIGA (HB 149), a defendant is shielded from liability if it discovered the violation through an internal review process while substantially complying with the NIST Generative AI Profile or another recognized AI risk management framework. Colorado's replacement ADMT Act (SB 26-189) contains no comparable provision and states that compliance with it is not a defense to any other applicable law.

Updates

Corrected the start date of California's AI Transparency Act to August 2, 2026 after AB 853 delayed it, added AB 853's later phase-in dates, noted in the key takeaways that Colorado's original AI Act was repealed before taking effect, and removed an incorrect statement that Colorado's replacement law gives organizations a NIST-based affirmative defense.

AI Act dates updated for the July 2026 Digital Omnibus (Regulation (EU) 2026/1744): high-risk obligations now apply 2 December 2027 for Annex III systems and 2 August 2028 for AI built into regulated products, while the 2 August 2026 transparency date is unchanged.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Updated Colorado AI Act coverage: SB 24-205 was repealed and replaced by SB 26-189 (2026) before taking effect.

Corrected: the original Colorado AI Act (SB 24-205) was repealed and reenacted by SB 26-189 (signed May 14, 2026) as a narrower Automated Decision-Making Technology Act, now effective January 1, 2027, not June 30, 2026.

Initial publication covering federal AI regulation (EO 14110, EO 14179, EO 14365, TAKE IT DOWN Act), state laws (Colorado, California, Texas, Illinois, NYC), deepfake legislation across 47 states, employment AI rules, healthcare AI regulation, and NIST frameworks.

Reviewed and approved by an editor

State-by-state comparison

Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.

StateStatute citedCourt citations
AlabamaCode of Alabama 1975, Title 17: Elections. § 17-5-16.1 — Distribution of Materially Deceptive Media to Influence an…—
AlaskaAlaska Statutes, Title 11: Criminal Law (Ch. 61, Offenses Against Public Order) § 11.61.122 — Possession of generated obscene child sexual abuse material—
ArizonaArizona Revised Statutes, Title 16 (Elections and Electors), Chapter 7 (PENAL PROVISIONS), Article 1 (General Provisions) § 16-1023 — Digital impersonation of candidate or other person; relief;…—
Arkansas——
CaliforniaCalifornia Business and Professions Code § 22757.12—
ColoradoColorado Revised Statutes, Title 6 (Consumer and Commercial Affairs), Article 1, Part 17: Automated Decision-Making Technology in Consequential Decisions § 6-1-1704 — Deployer disclosures - point-of-interaction notice - public…—
Connecticut——
DelawareDelaware Code, Title 29 (State Government), Chapter 090c (DEPARTMENT OF TECHNOLOGY AND INFORMATION) § 9041C — Purpose [Expires July 17, 2034, pursuant to 84 Del. Laws,…—
District of Columbia——
Florida——
GeorgiaOfficial Code of Georgia Annotated § 16-11-90 — Prohibition on nude or sexually explicit electronic…6 opinions · latest 2023
HawaiiHawaii Revised Statutes, Chapter 711: OFFENSES AGAINST PUBLIC ORDER § 711-1110.9 — Violation of privacy in the first degree7 opinions · latest 2026
Idaho——
IllinoisIllinois Compiled Statutes Chapter 775, Act 5 (Illinois Human Rights Act) § 2-102 — Civil rights violations; employment—
IndianaIndiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE § 35-45-4-8 — Distribution of an intimate image—
IowaIowa Code, Chapter 708: ASSAULT § 708.7 — Harassment.100 opinions · latest 2026
KansasKansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS § 21-5510 — Sexual exploitation of a child.23 opinions · latest 2026
KentuckyKentucky Revised Statutes, Chapter 42: FINANCE AND ADMINISTRATION CABINET § 42.731 — Duties of Artificial Intelligence Governance Committee --…—
LouisianaLouisiana Revised Statutes § 14:73.13 — Unlawful deepfakes—
MaineMaine Revised Statutes, Title 10: COMMERCE AND TRADE, Part 3: REGULATION OF TRADE, Chapter 241: COMMUNICATIONS WITH CONSUMERS VIA ARTIFICIAL INTELLIGENCE § 1500-DD — Required disclosure of use of artificial intelligence…—
MarylandMaryland Code, State Finance and Procurement Article § 3.5-804—
Massachusetts——
MichiganMichigan Compiled Laws § 168.932f — Distribution of materially deceptive media; prohibition;…—
MinnesotaMinnesota Statutes, Chapter 609: CRIMINAL CODE § 609.771 — USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE ELECTION1 opinions · latest 2026
Mississippi——
MissouriRevised Statutes of Missouri, Title XXXVIII: Crimes and Punishment; Peace Officers and Public Defenders, Chapter 573 § 573.570 — Disclosure of an intimate digital depiction, offense of —…—
MontanaMontana Code Annotated, Title 2 § 2-10-204 — Right To Compute—
Nebraska——
Nevada——
New HampshireNew Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 638 FRAUD § 638:26-a — Fraudulent Use of Deepfakes.—
New JerseyNew Jersey Statutes (Unannotated) § 2C:21-17.8 — Definitions, "deepfake", deceptive audio, visual media,…—
New MexicoNew Mexico Statutes Annotated 1978, Chapter 1 § 1-19-26.8 — Prohibited use of materially deceptive media; disclaimers…—
New YorkNew York General Business Law § 1421 — Transparency requirements—
North CarolinaNorth Carolina General Statutes, Chapter 14: Criminal Law. § 14-190.5A — Disclosure of private images; civil action—
North Dakota——
OhioOhio Revised Code § 3301.24 — Artificial intelligence policy—
OklahomaOklahoma Statutes, Title 21: CRIMES AND PUNISHMENTS § 1040.13b — Nonconsensual dissemination of private sexual—
OregonOregon Revised Statutes, Chapter 260: Campaign Finance Regulation; Election Offenses § 260.268 — Campaign communication to disclose use of synthetic media;…—
PennsylvaniaPennsylvania Consolidated Statutes Title 18 (Crimes and Offenses) § 4101.1 — Digital forgery—
Rhode IslandRhode Island General Laws, Title 17: Elections, Chapter 17-30: Deceptive and Fraudulent Synthetic Media in Election Communications § 17-30-1 — Deceptive synthetic media—
South CarolinaSouth Carolina Code of Laws, Title 16: CRIMES AND OFFENSES § 16-15-332 — Disseminating intimate images without consent—
South DakotaSouth Dakota Codified Laws, Chapter 12-26: OFFENSES AGAINST THE ELECTIVE FRANCHISE § 12-26-33 — Deepfake--Use in election--Penalty.—
TennesseeTennessee Code Annotated, Title 47, Chapter 25, Part 11: Protection of Personal Rights (Ensuring Likeness, Voice, and Image Security Act of 2024) § 47-25-1105 — Unauthorized use prohibited10 opinions · latest 2019
TexasTexas Business & Commerce Code § 552.056 — UNLAWFUL DISCRIMINATION—
UtahUtah Code, Title 13: Commerce and Trade § 13-77-103 — Required disclosures.—
VermontVermont Statutes Annotated, Title 3: Executive, Chapter 69: Division of Artificial Intelligence § 5022 — Division of Artificial Intelligence—
VirginiaCode of Virginia, Title 18.2: Crimes and Offenses Generally § 18.2-386.2 — Unlawful dissemination or sale of images of another; penalty—
WashingtonRevised Code of Washington § 9A.86.030 — Disclosing fabricated intimate images.—
West VirginiaWest Virginia Code § 61-8C-3 — Distribution and exhibiting of material depicting minors…1 opinions · latest 2009
WisconsinWisconsin Statutes, Chapter 11: Campaign Financing § 11.1303 — Attribution of political contributions, disbursements and…—
WyomingWyoming Statutes, Title 6 - Crimes and Offenses - Chapter 4: Offenses Against Morals, Decency and Family - Article 3: Obscenity § 6-4-307 — Unlawful distribution of nonconsensual synthetic sexual…—

Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.

Sources and References

  1. Executive Order 14110 on Safe, Secure, and Trustworthy AI(nist.gov).gov
  2. Executive Order 14179: Removing Barriers to American Leadership in AI(whitehouse.gov).gov
  3. EO 14365: Ensuring a National Policy Framework for AI(federalregister.gov).gov
  4. TAKE IT DOWN Act (S.146)(congress.gov).gov
  5. NCSL: Artificial Intelligence 2025 Legislation(ncsl.org)
  6. Colorado SB 24-205: Consumer Protections for AI(leg.colorado.gov).gov
  7. California SB 53: Frontier AI Safety(leginfo.legislature.ca.gov).gov
  8. California SB 942: AI Transparency Act(leginfo.legislature.ca.gov).gov
  9. California AB 2013: Training Data Disclosure(leginfo.legislature.ca.gov).gov
  10. Texas HB 149: Responsible AI Governance Act(capitol.texas.gov).gov
  11. NYC Automated Employment Decision Tools(nyc.gov).gov
  12. NIST AI Risk Management Framework(nist.gov).gov
  13. California AB 3030: Healthcare AI Disclosure(leginfo.legislature.ca.gov).gov
  14. FDA AI/ML Software as Medical Device(fda.gov).gov
  15. State Deepfake Legislation Tracker(news.ballotpedia.org)
  16. 47 States Introduced Healthcare AI Bills in 2025(beckershospitalreview.com)
  17. Colorado SB 26-189 (Automated Decision-Making Technology Act — repeals and reenacts SB 24-205)(leg.colorado.gov).gov
  18. Regulation (EU) 2026/1744 of 8 July 2026 amending Regulation (EU) 2024/1689 (Digital Omnibus on AI), OJ L 2026/1744, 24.7.2026(eur-lex.europa.eu).gov
  19. California AB 853 (2025): delays the California AI Transparency Act to August 2, 2026 and phases in platform and capture-device duties(leginfo.legislature.ca.gov)
  20. Texas HB 149 (enrolled), Responsible AI Governance Act, Sec. 552.105 civil penalties and NIST-conditioned liability shield(capitol.texas.gov)
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