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Deepfake & AI Voice Cloning Laws by State (2026)

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content

Deepfake & AI Voice Cloning Laws by State (2026)

Frequently Asked Questions

Are deepfakes illegal in the US?

Creating or distributing a deepfake is illegal in many circumstances but not all. The federal TAKE IT DOWN Act (signed May 19, 2025) makes it a federal crime to publish nonconsensual intimate deepfakes of any person. More than 40 states add their own criminal or civil penalties. Deepfakes used for clear satire or parody retain some First Amendment protection, but distributing a sexual deepfake of a real person without consent is illegal under federal law and the laws of most states.

What states have deepfake laws?

As of June 2026, at least 45 states have enacted at least one deepfake law. The most comprehensive coverage (all three buckets of sexual deepfakes, election deepfakes, and voice or likeness rights) exists in Tennessee, California, New York, Washington, New Jersey, and Montana. Missouri and New Mexico are the most notable states without an adult NCII deepfake law; Alaska, Georgia, Ohio, and Hawaii also lack most deepfake-specific protections.

Is it illegal to make a deepfake of someone?

It depends on the purpose. Creating a deepfake for clear satire or parody is generally protected speech. Creating a deepfake to distribute nonconsensual intimate images is a federal crime (TAKE IT DOWN Act) and a state crime in more than 40 states. Creating election deepfakes without disclosure is illegal in at least 28 states. Creating AI-generated child sexual abuse material is illegal under federal law (18 U.S.C. 2256) regardless of whether a real child was used.

Can you sue someone for making a deepfake of you?

Yes, in many states. California (Civ. Code 1708.86), Colorado (SB 25-288), Florida (Fla. Stat. 836.13), Michigan (PA 11/12 of 2025), Minnesota (Minn. Stat. 617.262), New Hampshire (RSA 507:8-j), New Jersey (P.L. 2025 c. 40), and New York (Civ. Rights Law 52-c) all provide explicit private rights of action. States with right-of-publicity statutes covering voice (including California, Indiana, Illinois, Nevada, and Tennessee) allow suits for unauthorized commercial use of AI-cloned voice or likeness.

Are AI voice clones illegal?

AI voice cloning without consent is illegal in several contexts. The FCC has ruled that AI voice-clone robocalls violate the TCPA nationwide. The FTC's Impersonation Rule bars AI voice cloning used to impersonate businesses or government agencies. States including Tennessee (ELVIS Act), California, Illinois, Indiana, Nevada, Montana, New Hampshire, New Jersey, New York, Pennsylvania, and Washington have laws that prohibit unauthorized commercial or harmful use of a cloned voice. Using a voice clone to commit fraud can also trigger general fraud and identity-theft statutes in every state.

What is the TAKE IT DOWN Act?

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the first federal law specifically targeting nonconsensual intimate deepfakes. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated 'digital forgeries.' Platforms must remove flagged content within 48 hours of victim notice. The FTC enforces compliance. Criminal penalties reach two years in prison for adult victims and three years for minor victims.

What is the ELVIS Act?

The ELVIS Act (Ensuring Likeness Voice and Image Security Act, Tenn. Code Ann. 47-25-1101 et seq., effective July 1, 2024) is Tennessee's law extending the right of publicity to AI simulations of a person's voice. It was the first state law specifically written to address AI voice cloning. It protects any 'readily identifiable sound' including simulations of a person's voice, covers tools whose primary purpose is creating unauthorized replicas, and provides civil damages plus a Class A misdemeanor criminal penalty. Several states have modeled subsequent voice-cloning laws on the ELVIS Act.

Is deepfake porn illegal?

Yes, in most of the country. The federal TAKE IT DOWN Act criminalizes nonconsensual intimate deepfakes nationwide. More than 40 states add separate criminal and civil remedies. Notable penalties: Louisiana (10-30 years), Florida (felony plus civil damages minimum $10,000), Kansas (person felony), Nevada (Category D felony, 1-4 years), and Delaware (Class G felony). A handful of states (including Missouri, New Mexico, Alaska, Georgia, Ohio, and Hawaii) still lack adult NCII deepfake statutes, but federal law still applies in those states.

Are election deepfakes illegal?

Election deepfakes without proper disclosure are illegal in at least 28 states. Laws vary: some prohibit deceptive deepfakes outright (Minnesota, Michigan, Mississippi), while others require prominent disclosure that content is AI-generated (Colorado, Utah, Oregon, Wisconsin). All face ongoing First Amendment scrutiny. California's broad prohibition in AB 2839 was permanently enjoined in August 2025 in Kohls v. Bonta; its older disclosure-only law survived. Texas enacted the nation's first election deepfake law in 2019. About 22 states have no election deepfake law as of June 2026.

Is it illegal to deepfake a dead person?

It depends on the state and purpose. Several states extend right-of-publicity protections postmortem: California (70 years, Civ. Code 3344.1, amended in 2025 to cover AI digital replicas of deceased performers), New York (Civ. Rights Law 50-f, 40 years), Indiana, Nevada (50 years), and Tennessee (ELVIS Act, 10 years postmortem) all cover deceased persons. Texas protects deceased persons' voice as a property right for 50 years (Tex. Prop. Code ch. 26). Federal CSAM law applies equally to deepfakes of deceased minors. Outside of right-of-publicity states, the family of a deceased person may have fewer legal options.

Does Section 230 protect platforms that host deepfakes?

Section 230 (47 U.S.C. 230) does not immunize platforms from federal criminal law or from the TAKE IT DOWN Act's removal obligations. State criminal laws targeting the creators (not the platforms) of deepfakes are also not barred by Section 230. However, Section 230 may still limit state civil claims against platforms for third-party user content, meaning victims typically must pursue the creator, not just the hosting platform, in civil litigation.

Updates

Corrected Alabama's row in the 50-state deepfake comparison table, which wrongly said Alabama has no sexual-deepfake (NCII) law; Alabama's private-image statute (Ala. Code § 13A-6-240) does cover AI-generated intimate deepfakes of adults, matching the page's own FAQ and the Alabama state guide.

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

Updated the NO FAKES Act source citation to the current bill, S.4591 (119th Congress, "NO FAKES Act of 2026").

Updated NO FAKES Act federal bill citation to S.4591 (119th Congress, "NO FAKES Act of 2026") and current Senate Judiciary Committee status.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

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. § 17-5-16.1Distribution of Materially Deceptive Media to Influence an…
AlaskaAlaska Statutes, Title 11: Criminal Law (Ch. 61, Offenses Against Public Order) § 11.61.121Distribution of generated obscene child sexual abuse…
ArizonaArizona Revised Statutes, Title 13 (Criminal Code), Chapter 14 (SEXUAL OFFENSES) § 13-1425Unlawful disclosure of images depicting states of nudity or…1 opinions · latest 2024
ArkansasArkansas Code of 1987 Annotated § 5-14-139Unlawful creation or distribution of deepfake visual…
CaliforniaCalifornia Civil Code § 1708.86
ColoradoColorado Revised Statutes, Title 18: Criminal Code § 18-7-107Disclosing a private intimate image or intimate digital…
Connecticut
DelawareDelaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 005 (SPECIFIC OFFENSES) § 1335Violation of privacy; class A misdemeanor; class G felony.15 opinions · latest 2026
District of ColumbiaCode of the District of Columbia, Title 22: Criminal Offenses and Penalties. - Chapter 30A: Non-Consensual Pornography. § 22-3052Unlawful disclosure.1 opinions · latest 2019
FloridaFlorida Statutes § 836.13Altered sexual depictions; prohibited acts; penalties;…
GeorgiaOfficial Code of Georgia Annotated § 16-11-90Prohibition on nude or sexually explicit electronic…6 opinions · latest 2023
HawaiiHawaii Revised Statutes, Chapter 711: OFFENSES AGAINST PUBLIC ORDER § 711-1110.9Violation of privacy in the first degree7 opinions · latest 2026
IdahoIdaho Code § 18-6606DISCLOSING EXPLICIT SYNTHETIC MEDIA1 opinions · latest 2020
IllinoisIllinois Compiled Statutes Chapter 720, Act 5 (Criminal Code of 2012) § 11-23.7Non-consensual dissemination of sexually explicit digitized…
IndianaIndiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE § 35-45-4-8Distribution of an intimate image
IowaIowa Code, Chapter 708: ASSAULT § 708.7Harassment.100 opinions · latest 2026
KansasKansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS § 21-6101Breach of privacy.8 opinions · latest 2026
KentuckyKentucky Revised Statutes, Chapter 531: PORNOGRAPHY § 531.120Distribution of sexually explicit images without consent
LouisianaLouisiana Revised Statutes § 14:73.13Unlawful deepfakes
MaineMaine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Part 2: SUBSTANTIVE OFFENSES, Chapter 21: OFFENSES AGAINST PUBLIC ORDER § 511-AUnauthorized dissemination of certain private images
MarylandMaryland Code, Criminal Law Article § 3-809
MassachusettsMassachusetts General Laws, Chapter 265 § 43ACriminal harassment; punishment55 opinions · latest 2026
MichiganMichigan Compiled Laws § 752.388Intentional creation or dissemination of deep fakes;…
MinnesotaMinnesota Statutes, Chapter 617: ABORTION; OBSCENITY; NUISANCE § 617.262NONCONSENSUAL DISSEMINATION OF A DEEP FAKE DEPICTING…1 opinions · latest 2025
Mississippi
MissouriRevised Statutes of Missouri, Title XXXVIII: Crimes and Punishment; Peace Officers and Public Defenders, Chapter 573 § 573.570Disclosure of an intimate digital depiction, offense of —…
MontanaMontana Code Annotated, Title 45 § 45-5-640Disclosing Explicit Synthetic Media
NebraskaNebraska Revised Statutes, Chapter 25: COURTS; CIVIL PROCEDURE § 25-3503Civil action
NevadaNevada Revised Statutes, Chapter 200: CRIMES AGAINST THE PERSON § 200.780Unlawful dissemination of intimate image; exceptions;…
New HampshireNew Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 638 FRAUD § 638:26-aFraudulent Use of Deepfakes.
New JerseyNew Jersey Statutes (Unannotated) § 2C:21-17.8Definitions, "deepfake", deceptive audio, visual media,…
New MexicoNew Mexico Statutes Annotated 1978, Chapter 1 § 1-19-26.8Prohibited use of materially deceptive media; disclaimers…
New YorkNew York Penal Law § 245.15Unlawful dissemination or publication of an intimate image3 opinions · latest 2025
North CarolinaNorth Carolina General Statutes, Chapter 14: Criminal Law. § 14-190.5ADisclosure of private images; civil action
North DakotaNorth Dakota Century Code § 12.1-27.1-03.3Creation, possession, or dissemination of sexually…
OhioOhio Revised Code § 2917.211Dissemination of image of another person5 opinions · latest 2026
OklahomaOklahoma Statutes, Title 21: CRIMES AND PUNISHMENTS § 1040.13bNonconsensual dissemination of private sexual
OregonOregon Revised Statutes, Chapter 163: Offenses Against Persons § 163.472Unlawful dissemination of an intimate image6 opinions · latest 2025
PennsylvaniaPennsylvania Consolidated Statutes Title 18 (Crimes and Offenses) § 4101.1Digital forgery
Rhode IslandRhode Island General Laws, Title 11: Criminal Offenses, Chapter 11-64: Electronic Imaging Devices § 11-64-3Unauthorized dissemination of indecent material
South CarolinaSouth Carolina Code of Laws, Title 16: CRIMES AND OFFENSES § 16-15-332Disseminating intimate images without consent
South DakotaSouth Dakota Codified Laws, Chapter 22-21: INVASIONS OF PRIVACY § 22-21-4Prohibited recording or manipulated image--Penalty.1 opinions · latest 2006
Tennessee
TexasTexas Penal Code § 21.165UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY…
UtahUtah Code, Title 76: Criminal Offenses § 76-5b-205Unlawful distribution of a counterfeit intimate image --…
VermontVermont Statutes Annotated, Title 13: Crimes and Criminal Procedure, Chapter 59: Lewdness and Prostitution, Subchapter: LEWD AND INDECENT CONDUCT § 2606Disclosure of sexually explicit images without consent3 opinions · latest 2024
VirginiaCode of Virginia, Title 18.2: Crimes and Offenses Generally § 18.2-386.2Unlawful dissemination or sale of images of another; penalty
WashingtonRevised Code of Washington § 9A.86.030Disclosing fabricated intimate images.
West VirginiaWest Virginia Code § 61-8-28ANonconsensual disclosure of private intimate images;…
WisconsinWisconsin Statutes, Chapter 942: Crimes Against Reputation, Privacy And Civil Liberties § 942.09Representations depicting nudity.12 opinions · latest 2025
WyomingWyoming Statutes, Title 6 - Crimes and Offenses - Chapter 4: Offenses Against Morals, Decency and Family - Article 3: Obscenity § 6-4-307Unlawful 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. TAKE IT DOWN Act -- Public Law 119-12(congress.gov)
  2. 18 U.S.C. 2256 -- Federal CSAM definitions(law.cornell.edu)
  3. FCC Order 24-17 -- AI Voices in Robocalls(fcc.gov)
  4. FTC Impersonation Rule 16 C.F.R. Part 461(ftc.gov)
  5. DEFIANCE Act S.1837 119th Congress(congress.gov)
  6. NO FAKES Act S.4591 119th Congress(congress.gov)
  7. Tennessee ELVIS Act Tenn. Code Ann. 47-25-1101(publications.tnsosfiles.com)
  8. 47 U.S.C. 230 Section 230(law.cornell.edu)
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