Idaho Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Idaho has two active deepfake laws. Idaho Code § 18-6606, enacted in 2024, makes it a crime to share nonconsensual explicit synthetic media, including AI-generated deepfake images and videos. Idaho Code § 67-6628A, also enacted in 2024, restricts deceptive AI-generated content in election communications and requires on-screen disclosure. There is no state right of publicity covering AI voice cloning, but federal law fills that gap.

Is It Illegal to Make a Deepfake of Someone in Idaho?

It depends on the category. Idaho law directly addresses two of the three deepfake buckets: sexual or intimate images and election communications. Creating or distributing a nonconsensual explicit deepfake of an adult is a crime under § 18-6606. Using AI-generated synthetic media to deceptively misrepresent a candidate in election advertising violates § 67-6628A.

What Idaho law does not cover: purely commercial deepfakes that exploit a person's voice or likeness for financial gain. Idaho has no statutory right of publicity, unlike California, New York, or Tennessee. A non-intimate, non-electoral deepfake intended for parody or commentary is not criminalized at the state level, though it may still give rise to common law tort claims depending on the circumstances.

For minors, Idaho Code § 18-1507 covers "computer-generated visual material" depicting children in sexually explicit situations, so AI-generated child sexual abuse material is a state felony even without a real child victim.

Sexual and Intimate Deepfakes

Idaho Code § 18-6606, titled "Disclosing Explicit Synthetic Media," is a purpose-built deepfake law. The statute defines "synthetic media" as "any image or video created or altered using technical means, such as artificial intelligence, to realistically misrepresent an identifiable individual." The word "realistically" is defined as sufficiently convincing that an ordinary person would believe it depicts a real event.

The law prohibits three categories of conduct. First, knowingly sharing explicit synthetic media without the depicted person's consent when the sharer reasonably should know it would cause substantial emotional distress. Second, intentionally sharing such content to annoy, threaten, harass, humiliate, or degrade someone. Third, possessing explicit synthetic media and threatening to share it in exchange for money or anything of value.

Penalties escalate with repetition. A first violation is a misdemeanor. A second conviction within five years becomes a felony punishable by up to 10 years imprisonment and fines up to $25,000, or both. The statute carves out exceptions for criminal investigations, legitimate public interest reporting, scientific or educational use, and civil legal proceedings.

The law is criminal only. Idaho Code § 18-6606 does not create an express civil right of action for victims. A victim can pursue common law claims such as intentional infliction of emotional distress, harassment, or invasion of privacy, but there is no private lawsuit track built directly into § 18-6606.

Election and Political Deepfakes

Idaho is one of a growing number of states that regulates AI-generated content in political advertising. Idaho Code § 67-6628A, enacted as the Freedom From AI-Rigged (FAIR) Elections Act in 2024, addresses synthetic media in electioneering communications. Under Idaho Code § 67-6602(6), an electioneering communication is one that unambiguously refers to a candidate and is distributed within 30 days before a primary election or 60 days before a general election, so the FAIR Elections Act applies only inside those pre-election windows.

The statute defines "synthetic media" as audio or video created using generative adversarial network techniques or other digital technology that appears realistic but false to a reasonable viewer and creates a "fundamentally different understanding" of the candidate's actual words or actions. The law permits candidates to seek injunctive relief and damages, including general and special damages, when their speech or conduct is deceptively represented through synthetic media. Courts may also award attorney's fees to prevailing parties.

Disclosure requirements accompany any permitted use of synthetic media in election content. Video must display a visible "This video has been manipulated" notice throughout its runtime. Audio must include a spoken disclosure at the beginning, end, and every two minutes if the content runs longer than two minutes. Federally licensed broadcasting stations transmitting content under 47 U.S.C. § 315 have limited liability protection.

A constitutional caveat applies across all election deepfake laws. A California election deepfake law with similar aims, AB 2839, was struck down entirely and permanently enjoined in August 2025 in Kohls v. Bonta on First Amendment grounds, illustrating that election deepfake statutes occupy contested constitutional territory. Idaho's law has not faced a published First Amendment challenge as of mid-2026, but that risk is real for any law restricting political speech based on its content.

AI Voice Cloning and Digital Likeness

Idaho does not have a statutory right of publicity. That means there is no Idaho law that expressly bars someone from using AI to clone your voice for a commercial purpose, a campaign ad, or a product endorsement without your permission.

The practical comparison is Tennessee's ELVIS Act (Tenn. Code Ann. § 47-25-1101, effective July 1, 2024), the national archetype for voice-clone legislation. Tennessee explicitly extended its right of publicity to include AI simulations of a person's voice. Idaho has not followed suit.

In the absence of a statute, an Idaho victim of unauthorized voice cloning would rely on common law misappropriation of name or likeness, which courts in many states have recognized without a statute. Recovery is less certain, damages harder to quantify, and the case harder to bring than under a purpose-built voice-clone law. If the voice clone is used in an explicit sexual context, § 18-6606 may apply if the audio component is part of an explicit synthetic media depiction.

For the general AI regulation landscape in Idaho, including AI use in consumer products and automated decision-making, see Idaho AI Laws, which covers a broader set of technology regulations distinct from the deepfake-specific statutes on this page.

Federal Law That Applies in Idaho

Federal law provides a meaningful backstop for Idaho residents regardless of what state law covers.

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the first federal intimate deepfake law. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated "digital forgeries." Penalties reach two years in prison, or three years when the victim is a minor. Platforms must remove flagged content within 48 hours of a victim notice, with the FTC enforcing that obligation. The compliance deadline for platforms was May 19, 2026.

Federal CSAM law (18 U.S.C. § 2256(8)(B)) covers computer-generated images that are indistinguishable from real minors, closing any gap that Idaho's own § 18-1507 might leave.

The FCC ruled in February 2024 (FCC 24-17) that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act, making unsolicited AI voice-clone calls to cell phones illegal nationwide. This directly addresses one major commercial voice-cloning abuse.

The DEFIANCE Act (S.1837, 119th Congress) would create a federal civil cause of action for victims of sexual deepfakes with liquidated damages of $150,000, rising to $250,000 where the conduct involved actual or attempted sexual assault, stalking, or harassment. The bill passed the Senate by unanimous consent on January 13, 2026 and is now pending in the House; it is not yet law. For background, see the DEFIANCE Act explainer. Similarly, the NO FAKES Act (S.1367, 119th Congress) would establish a federal right of publicity covering AI voice and likeness replicas, but it also remains a proposal only.

The FTC Impersonation Rule (16 CFR Part 461) prohibits deceptive impersonation of government entities and businesses, including via AI voice cloning, and took effect April 1, 2024. An extension to individual-impersonation is proposed but not yet finalized.

What Victims Can Do

If you are a victim of a nonconsensual explicit deepfake in Idaho, you have several paths. Criminal: report to local law enforcement or the Idaho Attorney General's office under § 18-6606. Because the TAKE IT DOWN Act is also a federal crime, you can also report to the FBI or the FTC.

Platform removal: the TAKE IT DOWN Act requires platforms to remove flagged intimate deepfakes within 48 hours of receiving a victim notice. Contact the platform's trust-and-safety team directly and cite the federal removal obligation.

Civil remedies: § 18-6606 is criminal only, but Idaho common law torts remain available. Intentional infliction of emotional distress, civil harassment, and invasion of privacy by appropriation of likeness are the most applicable theories. Consulting a private attorney to evaluate a civil claim is advisable, particularly in extortion scenarios where the perpetrator threatened to share the content.

For election deepfakes under § 67-6628A, a candidate can seek an emergency injunction to stop distribution and pursue damages in civil court.

For broader Idaho privacy rights that intersect with this topic, see the Idaho recording laws page.

Penalties at a Glance

Disclaimer: This page provides general legal information about Idaho deepfake laws and is not legal advice. Laws in this area are changing rapidly; statutes enacted in 2024 and 2025 are still being interpreted by courts. If you have been harmed by a deepfake or face a deepfake-related charge, consult a licensed Idaho attorney.

More Idaho Laws

• Idaho AI Meeting Recording Laws
• Idaho Alimony Laws
• Idaho At-Will Employment Laws
• Idaho Car Accident Laws
• Idaho Car Seat Laws
• Idaho Child Custody Laws
• Idaho Child Support Laws
• Idaho Common Law Marriage Laws
• Idaho Data Privacy Laws
• Idaho Divorce Laws
• Idaho Dog Bite Laws
• Idaho Emancipation Laws
• Idaho Expungement Laws
• Idaho Hit and Run Laws
• Idaho Landlord-Tenant Laws
• Idaho Lemon Laws

For the full 50-state comparison, see Deepfake and AI Voice Cloning Laws by State.

Sources

Citations for this page are listed below, drawn from Idaho state statutes, federal law, and official government sources.