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Kentucky Deepfake Laws: AI Images, Voice Cloning & Penalties (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. · 7 primary sources cited on this page. How we verify our legal content

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

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.

Updates

Corrected this page to reflect that Kentucky law already covers AI-generated intimate images: KRS 531.010(8), amended effective July 15, 2024, defines private erotic matter under KRS 531.120 to expressly include computer-generated images, and we added the obscenity element, refreshed the KRS 117.322 effective date, and fixed the Tennessee ELVIS Act citation.

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

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

Sources and References

  1. KRS 531.120 -- Distribution of sexually explicit images without consent (2018)(apps.legislature.ky.gov).gov
  2. KRS 531.306 -- Proof of actual identity, age, or existence of minor not required for prosecution involving computer-generated image (2024)(apps.legislature.ky.gov).gov
  3. KRS 531.125 -- Sexual extortion (2025)(apps.legislature.ky.gov).gov
  4. KRS 117.322 -- Action against use of synthetic media in electioneering communication (2025)(apps.legislature.ky.gov).gov
  5. KRS 117.001 -- Definitions for chapter including synthetic media definition (2025)(apps.legislature.ky.gov).gov
  6. KRS 391.170 -- Commercial rights to use of names and likenesses of public figures (1984)(apps.legislature.ky.gov).gov
  7. TAKE IT DOWN Act, Public Law 119-12 (S.146, 119th Congress, signed May 19, 2025)(congress.gov).gov
  8. 18 U.S.C. 2256(8)(B) -- Federal definition of child pornography covering computer-generated images (PROTECT Act 2003)(law.cornell.edu)
  9. KRS 531.010 -- Definitions for chapter, including private erotic matter, computer-generated image, and obscene (effective July 15, 2024)(apps.legislature.ky.gov)
  10. Tennessee HB 2091 (113th General Assembly), the ELVIS Act, 2024 Tenn. Pub. Ch. 588, effective July 1, 2024(wapp.capitol.tn.gov)
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