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

Illinois has enacted some of the strongest deepfake protections in the country. State law covers all three buckets: nonconsensual intimate deepfakes are crimes under 720 ILCS 5/11-23.5 and 5/11-23.7, AI-generated child sexual abuse material is a felony under 720 ILCS 5/11-20.1, and unauthorized AI digital replicas of voice or likeness are prohibited under 765 ILCS 1075 as amended by HB 4875 (eff. January 1, 2025). Illinois has no enacted election deepfake law, but the TAKE IT DOWN Act and BIPA (740 ILCS 14) provide additional federal and biometric-privacy protection statewide.

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

Yes, in most contexts involving sexual content or commercial use of someone's identity. Illinois law addresses all three major deepfake categories, making it one of the most comprehensive state frameworks in the nation.

For sexual deepfakes, two statutes apply. 720 ILCS 5/11-23.5 covers nonconsensual dissemination of authentic private sexual images. 720 ILCS 5/11-23.7, added by HB 4623 (signed August 9, 2024, effective January 1, 2025), specifically targets "sexually explicit digitized depictions," meaning AI-generated or digitally altered content that shows an identifiable person in sexual conduct they did not actually engage in. Both are Class 4 felonies. Civil remedies are available under the companion 740 ILCS 190.

For voice and likeness, 765 ILCS 1075 (amended by HB 4875, effective January 1, 2025) prohibits knowingly distributing a sound recording or audiovisual work that contains an unauthorized AI digital replica of a real person. This reaches voice cloning in music, film, and any commercial audiovisual work. Illinois is the second state in the nation, after Tennessee, to enact this level of digital-replica protection for performers and private individuals alike.

For minors, 720 ILCS 5/11-20.1 covers AI-generated child sexual abuse material. Election-related deepfakes are the one bucket without a dedicated Illinois statute as of mid-2026, though general fraud and impersonation laws may apply in extreme cases.

Sexual and Intimate Deepfakes

720 ILCS 5/11-23.7 is Illinois's dedicated deepfake NCII statute. A person commits the offense when they intentionally disseminate a "sexually explicit digitized depiction" of another identifiable person. A "sexually explicit digitized depiction" is any image, photograph, film, video, or digital recording that has been created, altered, or modified to realistically show intimate parts of a person as if they were that person's own, or to depict the person engaging in sexual activity they did not actually engage in. The definition squarely reaches AI-generated deepfakes whether or not the subject was ever actually photographed.

The offense is a Class 4 felony: one to three years in prison and a fine of up to $25,000. Prior criminal history can support an extended-term sentence of three to six years. Illinois also retains the older 720 ILCS 5/11-23.5, which criminalizes nonconsensual dissemination of actual (non-digitized) private sexual images, also a Class 4 felony.

On the civil side, 740 ILCS 190 (Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act) provides victims with a private right of action. Recoverable relief includes the greater of economic and noneconomic damages (including emotional distress) or statutory damages of up to $10,000 per defendant, plus punitive damages, disgorgement of any monetary gain the defendant made from distributing the image, and injunctive relief including temporary restraining orders and permanent injunctions. The statute of limitations is two years from discovery.

For minors depicted in AI-generated sexual content, 720 ILCS 5/11-20.1 (child pornography) was amended by HB 4623 (signed August 2024, effective January 1, 2025) to expressly include AI-generated images. The definition of child pornography now covers visual depictions "by any means," including computer-generated images, that show a minor engaged in or simulating a sexual act. Distribution of child pornography is a Class X felony in Illinois, carrying 6 to 30 years in prison. Federal law under 18 U.S.C. 2256(8)(B) provides a parallel prohibition that applies regardless of any state law gap.

Election and Political Deepfakes

Illinois has no enacted election deepfake law as of mid-2026. Multiple standalone bills have failed, including SB 1742, HB 4933, and HB 4644 in the 103rd General Assembly; none was enacted.

A broader elections omnibus, advanced as a late Senate amendment to HB 1832, collapsed at the end of the May 2025 session. As of mid-2026, 30 states have enacted election deepfake laws, most requiring a disclosure label within a set window before an election (commonly 60 or 90 days), but Illinois is not among them.

Lawmakers pursuing election deepfake legislation face real constitutional headwinds. A federal judge enjoined California's prohibition law (AB 2839) on First Amendment grounds in August 2025, underscoring the risk for any law that bans rather than merely requires disclosure of political deepfakes. Until Illinois enacts a law, political deepfakes here are governed by existing election law and general fraud statutes rather than any deepfake-specific provision.

AI Voice Cloning and Digital Likeness

765 ILCS 1075 (Illinois Right of Publicity Act), amended by HB 4875 (Public Act 103-0836, signed August 9, 2024, effective January 1, 2025), is Illinois's primary law against unauthorized AI digital replicas. The law defines "digital replica" as a newly created electronic representation of the voice, image, or likeness of an actual individual, created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform, and which a reasonable person would believe is that individual's voice, image, or likeness.

Section 30 of the Right of Publicity Act now prohibits any person from knowingly distributing, transmitting, or making available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica. Liability also extends to those who materially contribute to, induce, or facilitate a violation by another party with actual knowledge of the violation. Safe harbors apply to data centers, cloud providers, and application software providers who merely store or transmit content without actual knowledge of the violation. The liability targets intentional distributors, not passive infrastructure.

Exemptions exist for news, documentaries, educational content, satire, and similar public-interest uses, provided the use does not falsely imply that the individual endorsed the work. The civil remedies available under the Right of Publicity Act include damages and injunctive relief, though the specific damages provision should be reviewed with a licensed attorney.

For comparison, Tennessee's ELVIS Act (Tenn. Code Ann. 47-25-1101 et seq., eff. July 1, 2024) was the first state law protecting AI-simulated voices under a right of publicity framework. Illinois HB 4875 followed Tennessee's lead but applied the protection to everyone (not just recording artists) and added explicit safe harbors for passive service providers.

A companion statute, HB 4762 (Digital Voice and Likeness Protection Act, also signed August 2024), adds contract-based protections: any agreement authorizing use of a digital replica for entertainment work must specify the permitted uses and require that the individual had independent legal representation before signing.

Illinois also has BIPA (Biometric Information Privacy Act, 740 ILCS 14), which covers "voiceprints" as a protected biometric identifier. Any entity that collects, captures, or uses a person's voiceprint must first provide written notice and obtain informed written consent. Violations carry $1,000 per negligent violation and $5,000 per intentional or reckless violation. Under a 2024 amendment (Public Act 103-0769, eff. Aug. 2, 2024), repeated collections of the same biometric from the same person by the same method count as a single violation rather than one per scan. An AI voice-cloning system that extracts voiceprint-level data from an individual without consent can trigger BIPA liability independent of the Right of Publicity Act. For full detail on BIPA compliance and recent litigation, see Illinois Biometric Privacy Laws.

Federal Law That Applies in Illinois

Several federal laws apply in Illinois regardless of any state law gap.

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the first federal intimate-deepfake law. It criminalizes knowingly publishing nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated deepfakes ("digital forgeries"). Penalties reach two years in federal prison, three years if the victim is a minor. Platforms must remove flagged content within 48 hours of a victim's notice, enforced by the FTC. This applies alongside Illinois 720 ILCS 5/11-23.7, providing a parallel federal track for prosecution or takedown.

For AI-generated child sexual abuse material, federal law under 18 U.S.C. 2256(8)(B) (PROTECT Act, 2003) covers computer-generated images indistinguishable from a real minor with no First Amendment defense. This runs in parallel with Illinois's amended 720 ILCS 5/11-20.1.

The FCC ruled in February 2024 (FCC 24-17) that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act. AI voice-clone robocalls to phones without prior express consent are illegal nationwide, including in Illinois. The ruling was triggered by the New Hampshire fake-Biden primary robocall incident; the FCC issued a $6 million fine (finalized September 2024) in that case.

The FTC Impersonation Rule (16 CFR Part 461, effective April 1, 2024) prohibits deceptive AI-generated impersonation of government entities and businesses. A proposed extension to individual impersonation remains an unfinalized NPRM.

Two additional federal proposals are pending but not yet law. The DEFIANCE Act (S.1837, 119th Congress) would create a federal civil cause of action for sexual deepfake victims, with liquidated damages of $150,000, or $250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment. It passed the Senate by unanimous consent on January 13, 2026, and is now pending in the House. The NO FAKES Act (S.1367, 119th Congress), which would establish a federal right of publicity for voice and likeness, remains in committee. Neither is law as of mid-2026. For background on the DEFIANCE Act proposal, see DEFIANCE Act coverage.

What Victims Can Do

Illinois deepfake victims have several concrete remedies available.

The fastest option for sexual deepfakes is a platform takedown under the TAKE IT DOWN Act: platforms must remove nonconsensual intimate images (including AI-generated deepfakes) within 48 hours of a victim's notice. No court order is required.

For criminal enforcement, victims can report to local law enforcement or the Illinois Attorney General. Creation or dissemination of a deepfake sexual image is a Class 4 felony under 720 ILCS 5/11-23.7, and local prosecutors or the AG may pursue charges. The AG also has authority to bring civil enforcement actions.

For a personal civil lawsuit targeting sexual deepfakes, 740 ILCS 190 provides a private right of action. Recoverable relief includes the greater of actual damages (including emotional distress) or up to $10,000 per defendant in statutory damages, plus punitive damages, disgorgement of the defendant's profits, and injunctive relief. The two-year discovery-based limitations period applies.

For AI voice or likeness violations under the Right of Publicity Act, civil litigation under 765 ILCS 1075 is the primary path. If the underlying conduct also involved collecting or using a voiceprint without consent, a BIPA claim (740 ILCS 14) is an independent avenue with per-violation statutory damages.

For context on how Illinois's all-party consent recording rules intersect with audio surveillance, see Illinois Recording Laws. For the full scope of Illinois AI regulation beyond deepfakes, including the AI Human Rights Act and employment AI rules, see Illinois AI Laws.

Penalty Summary

Disclaimer: This page provides general legal information about Illinois deepfake and AI laws as of 2026. It is not legal advice and does not create an attorney-client relationship. Laws in this area change rapidly; new bills may have been signed since publication. Consult a licensed Illinois attorney for advice about your specific situation.

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

Sources

Citations are listed below.