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

Kentucky law does reach nonconsensual intimate deepfakes of adults. KRS 531.120 criminalizes distributing private erotic matter without consent, and KRS 531.010(8), amended effective July 15, 2024, defines that term to expressly include a computer-generated image or digital reproduction of an identifiable person. Two other statutes add coverage: KRS 117.322 gives political candidates a civil remedy against AI-manipulated election media, and KRS 531.306 (2024) eliminates the need to prove a real child existed when prosecuting AI-generated child sexual abuse material.

Information last verified on August 30, 2026. This article has not yet been reviewed by a licensed attorney.

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

It depends on the type of content and the intended use. Kentucky does not have a single law that says "deepfakes are illegal," but several statutes can reach deepfake conduct depending on the bucket.

For sexual content involving adults, KRS 531.120 is the state's main tool. It covers distribution of "private erotic matter" without the depicted person's written consent, with intent to profit or cause harm. That operative term is defined chapter-wide, and in 2024 the General Assembly rewrote the definition to reach synthetic imagery. KRS 531.010(8) now covers an obscene visual image "including a photograph, film, video recording, computer-generated image, or digital reproduction, of an identifiable person," and KRS 531.010(3) defines a computer-generated image as a depiction "created, adapted, or modified by a computer to appear to be an identifiable person." No judicial extension is needed for a deepfake to qualify. The contested element is obscenity, not whether the image is synthetic.

For children, Kentucky is explicit: KRS 531.306 eliminates the prosecution's burden of proving an actual minor was used, so AI-generated child sexual abuse material can be charged under the full Chapter 531 framework, which carries felony penalties up to Class B.

For political content, KRS 117.322 creates a narrower civil remedy focused on elections. It does not criminalize election deepfakes outright; it gives candidates the right to seek an injunction requiring a disclosure label, plus attorney fees.

What Kentucky does not cover: deepfakes of private individuals for harassment, satire, or commercial use unrelated to elections fall outside state law as of mid-2026. Common law privacy torts, and for sexual content the federal TAKE IT DOWN Act, fill some of that gap.

Sexual and Intimate Deepfakes

Kentucky's primary tool is KRS 531.120, which makes it a crime to intentionally distribute "private erotic matter" to a third party without the written consent of the person depicted, when done with intent to profit, harm, harass, intimidate, threaten, or coerce, and when the disclosure would cause a reasonable person to suffer harm.

Two chapter-wide definitions do the work for deepfakes. KRS 531.010(8) defines private erotic matter as an obscene visual image, "including a photograph, film, video recording, computer-generated image, or digital reproduction, of an identifiable person," depicting sexual conduct or the exposure of uncovered genitals, buttocks, or the nipple of the female breast, and it adds that "a person may be identifiable from the image itself or from information distributed in connection with the visual image." KRS 531.010(3) defines a computer-generated image as any visual depiction "created, adapted, or modified by a computer to appear to be an identifiable person." Both definitions took effect July 15, 2024 under 2024 Ky. Acts ch. 15, sec. 2.

The penalty structure is: Class A misdemeanor for a first offense, Class D felony for each subsequent offense. If the distribution is for profit or gain, the penalty rises to Class D felony for the first offense and Class C felony for each subsequent offense. Notably, KRS 531.120(6) provides that a conviction does not result in sex-offender registration.

The real limit for deepfake cases is obscenity, not origin. The definition is not origin-based, so it does not matter that the image was never a private recording in the first place. But private erotic matter must be an obscene visual image, and KRS 531.010(7) sets a three-part test: the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; the matter depicts sexual conduct in a patently offensive way; and the matter, taken as a whole, lacks serious literary, artistic, political, or scientific value. A defendant can contest that element, and Kentucky courts have not yet applied the test to an AI-generated image. The exceptions in KRS 531.120(2), including disclosures of material that constitutes a matter of public concern, are also available.

KRS 531.125 (effective June 27, 2025) adds a related offense: sexual extortion. A person commits sexual extortion when they threaten to distribute sexual imagery or nudity of another person in order to coerce that person into producing more material, paying money, or engaging in sexual conduct. This reaches the sextortion use case where an AI-generated image is used as a threat, even if the image itself has not been distributed. If someone is making that kind of threat now, our guide to sextortion covers what to do first, from not paying and keeping the messages to reporting it and getting images removed.

For minors, KRS 531.306 (effective July 15, 2024) is explicit and strong: in any prosecution under KRS 531.300 to 531.370 involving a computer-generated image of a minor, the Commonwealth is not required to prove the actual identity, age, or existence of the minor. This means a prosecutor can charge AI-generated child sexual abuse material without locating a real victim. The underlying offense, use of a minor in a sexual performance under KRS 531.310, is a Class C felony, rising to a Class B felony if the minor depicted is under 16.

Federal law adds a further layer. The federal TAKE IT DOWN Act (Public Law 119-12), signed May 19, 2025, created a federal crime for knowingly publishing nonconsensual intimate visual depictions of real adults, expressly including AI-generated "digital forgeries." The penalty is up to two years in federal prison (three years if the victim is a minor). Platforms have a 48-hour removal obligation once a victim submits a notice.

Election and Political Deepfakes

Kentucky enacted KRS 117.322 as part of 2025 Ky. Acts ch. 66, sec. 5, effective March 24, 2025, and amended it in 2026 Ky. Acts ch. 161, sec. 106, effective July 15, 2026. It is a civil statute, not a criminal one.

Any candidate for elected office whose appearance, action, or speech is altered through synthetic media in an electioneering communication may seek injunctive relief against the sponsor. The court can order the sponsor to add a clear and conspicuous disclosure. A prevailing party may also recover reasonable attorney fees.

The definition of "synthetic media" in KRS 117.001(20) is narrow: it covers audio or video recordings of an identifiable natural individual that have been intentionally manipulated using generative adversarial network techniques to create a realistic but false depiction without the person's consent and that produce a fundamentally different impression than the unaltered original. Still images are not covered.

"Electioneering communication" under KRS 117.001(8) reaches cable, internet, television, radio, electronic billboards, and phone calls to residences, distributed within 45 days before a primary or regular election. Bona fide news coverage is exempt.

It is an affirmative defense that the electioneering communication already includes a clear and conspicuous disclosure identifying the content as synthetic. This disclosure-as-defense structure makes KRS 117.322 a labeling law rather than an outright ban. Courts in other states have struck down broader election deepfake statutes on First Amendment grounds, and Kentucky's disclosure-focused approach is designed to reduce that risk.

AI Voice Cloning and Digital Likeness

Kentucky's right-of-publicity statute, KRS 391.170 (enacted 1984), recognizes that a person has property rights in their name and likeness. For public figures, commercial use of the name or likeness without written consent is prohibited for 50 years after death. However, the statute was written decades before voice cloning and AI digital replicas existed. It does not mention voice, does not extend to private individuals, and contains no AI-specific language.

In practice, this means Kentucky has no law specifically targeting unauthorized AI voice clones of living individuals. Common law misappropriation and right-of-privacy torts may provide some recourse, but statutory remedies are limited.

Tennessee's ELVIS Act (2024 Tenn. Pub. Ch. 588, amending Tenn. Code Ann. 47-25-1101 et seq., effective July 1, 2024) is the national reference point for voice-clone legislation: it renamed the state's Personal Rights Protection Act the Ensuring Likeness, Voice, and Image Security Act and added voice to the protected personal rights. Kentucky has not passed an equivalent law as of mid-2026.

The NO FAKES Act (S.4591, 119th Congress) would create a federal right of publicity covering unauthorized AI voice and likeness replicas. As of June 2026, it has not passed either chamber of Congress and is not law.

For commercial impersonation, the FTC Impersonation Rule (16 CFR Part 461), effective April 1, 2024, prohibits deceptive impersonation of government entities and businesses, including through AI voice cloning. The FCC has ruled that AI-generated voices in robocalls are "artificial" under the TCPA (FCC 24-17, February 2024), making AI voice-clone robocalls to personal phones without prior express consent illegal nationwide.

See Kentucky AI Laws for the broader framework on automated decision-making and AI governance requirements that apply in the state, which is distinct from the deepfake-specific rules covered here.

Federal Law That Applies in Kentucky

The TAKE IT DOWN Act (Public Law 119-12) is a significant recent development for Kentuckians. Signed May 19, 2025, it is the first federal law to expressly criminalize nonconsensual intimate deepfakes of adults. It covers AI-generated "digital forgeries" alongside real images. Victims can submit a notice to platforms, which must then remove the content within 48 hours (a platform obligation in effect since May 19, 2026). The FTC enforces platform obligations.

Federal child sexual abuse material law (18 U.S.C. 2256(8)(B)) has covered computer-generated images since the PROTECT Act of 2003: any digital or computer-generated image indistinguishable from a real minor in sexually explicit conduct is covered, with no First Amendment defense for indistinguishable material.

The DEFIANCE Act (S.1837, 119th Congress) is pending legislation only. It would create a federal civil cause of action with liquidated damages of $150,000 ($250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment) for victims of sexual deepfakes. The 118th Congress version passed the Senate in July 2024 but died in the House. The Senate passed the 119th Congress version (S.1837) by unanimous consent on January 13, 2026, but the bill remains pending in the House. Do not rely on it as existing law.

For a detailed breakdown of the DEFIANCE Act's current status, see our coverage at news/defiance-act-deepfake-porn-victims-right-to-sue.

What Victims Can Do

A Kentucky victim of an intimate deepfake has several avenues. First, file a report with local law enforcement citing KRS 531.120 if the image was distributed with intent to harm. The chapter's definitions expressly cover computer-generated images and digital reproductions, so an officer or prosecutor does not need a novel legal theory to treat a deepfake as private erotic matter. If the image was used as a threat, KRS 531.125 (sexual extortion) may apply even if no distribution occurred.

Second, submit a removal notice to the platform under the TAKE IT DOWN Act. Platforms must act within 48 hours. The FTC administers complaints if a platform does not comply.

Third, consult a private attorney about civil claims. Kentucky does not currently have a statutory civil cause of action for adult NCII deepfakes, since KRS 531.120 is a criminal statute, but common law privacy torts (intrusion, false light, appropriation) and intentional infliction of emotional distress claims may be available depending on the facts.

For deepfake content used in political communications, the targeted candidate may seek injunctive relief in the Circuit Court of the county where they reside under KRS 117.322. The burden is on the candidate to show synthetic media was used by clear and convincing evidence.

Penalties at a Glance

Every KRS 531.120 row above carries an additional element: the private erotic matter must be an obscene visual image as defined by the three-part test in KRS 531.010(7).

Disclaimer: This article provides general legal information about Kentucky deepfake and AI-generated image laws as of August 2026. It is not legal advice and does not create an attorney-client relationship. Laws in this area are changing rapidly. If you have been harmed by a deepfake or face related charges, consult a licensed Kentucky attorney.

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

More Kentucky Laws

• Kentucky AI Meeting Recording Laws
• Kentucky Data Privacy Laws
• Kentucky Recording Laws
• Kentucky Sexting Laws

Frequently Asked Questions

Is it illegal to make a deepfake of someone in Kentucky?

Creating a deepfake is not automatically a crime under Kentucky law as of mid-2026. What is illegal is distributing an obscene sexual deepfake of an identifiable real person without their written consent and with the intent to harm or profit (KRS 531.120, whose operative term is defined in KRS 531.010(8) to expressly include computer-generated images and digital reproductions), using synthetic media of a political candidate in an election communication without a disclosure (KRS 117.322), and creating AI-generated child sexual abuse material (KRS 531.306 with KRS 531.310). Non-sexual deepfakes for harassment or commercial use fall outside current Kentucky statutes.

Can I sue someone for making a deepfake of me in Kentucky?

Kentucky has no dedicated civil deepfake statute for adults; KRS 531.120 is a criminal statute enforced by prosecutors. Common law torts including false light invasion of privacy, appropriation of likeness (related to KRS 391.170 for public figures), and intentional infliction of emotional distress may support a lawsuit depending on the facts. Political candidates have a specific civil remedy under KRS 117.322 for election synthetic media. The pending federal DEFIANCE Act would add a statutory federal civil action, but it has not been enacted.

Is deepfake porn illegal in Kentucky?

Yes. Distributing a sexual deepfake of an adult is covered by KRS 531.120, which runs from Class A misdemeanor to Class C felony. KRS 531.010(8), amended effective July 15, 2024, defines private erotic matter to expressly include a computer-generated image or digital reproduction of an identifiable person, so no judicial extension of the statute is needed. Two limits still apply: the image must be obscene under the three-part test in KRS 531.010(7), and the distribution must be without written consent and made with intent to profit or to harm. The federal TAKE IT DOWN Act (2025) adds a federal crime and a platform takedown right. AI-generated child sexual abuse material is explicitly covered under KRS 531.306 and carries Class C felony penalties (Class B if the minor depicted is under 16) when charged under KRS 531.310.

Are AI voice clones illegal in Kentucky?

Kentucky has no state law specifically targeting AI voice cloning of living individuals. The FTC Impersonation Rule bans AI voice cloning used to impersonate government entities or businesses. The FCC rules AI voice calls to personal phones without consent illegal under the TCPA. If an AI voice clone is used to extort someone sexually, KRS 531.125 (sexual extortion) may apply. The federal NO FAKES Act would create broader protections but has not passed as of June 2026.

Does Kentucky have an election deepfake law?

Yes. KRS 117.322 gives political candidates a civil remedy against sponsors who use AI-manipulated synthetic media in electioneering communications within 45 days of an election without a clear disclosure. It was created effective March 24, 2025 and amended effective July 15, 2026. The statute defines synthetic media as GAN-manipulated audio or video of an identifiable individual and covers cable, internet, television, and radio communications. It is a disclosure-labeling law, not an outright ban.

What is the TAKE IT DOWN Act and does it apply in Kentucky?

The TAKE IT DOWN Act (Public Law 119-12), signed May 19, 2025, is a federal law that applies in all 50 states including Kentucky. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated deepfakes. Victims can notify platforms, which must remove the content within 48 hours. The penalty is up to two years in federal prison (three years if the victim is a minor). It adds to Kentucky law rather than replacing it, since KRS 531.120 already reaches computer-generated intimate images.

What should I do if someone created a deepfake of me in Kentucky?

Start by documenting the content (screenshots, URLs, dates). Submit a removal request to the platform under the TAKE IT DOWN Act; platforms must act within 48 hours. File a police report citing KRS 531.120 if the image was shared with intent to harm or profit, and point the officer to the KRS 531.010(8) definition, which expressly covers computer-generated images. If the deepfake was used as a threat, report it under KRS 531.125 (sexual extortion). Consult a private attorney about civil claims under Kentucky common law torts. For election deepfakes, contact an attorney about injunctive relief under KRS 117.322.

Does Kentucky's right of publicity law cover AI?

Kentucky's right-of-publicity statute, KRS 391.170 (enacted 1984), protects a public figure's name and likeness from commercial exploitation for 50 years after death. It does not mention voice, AI, or digital replicas, and it does not extend to private individuals. Tennessee's ELVIS Act is the current state-law model for AI voice protection; Kentucky has no equivalent as of mid-2026.