Massachusetts
Massachusetts Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
Massachusetts criminalizes sexual deepfakes under M.G.L. ch. 265, § 43A, enacted as part of the 2024 Act to Prevent Abuse and Exploitation (Ch. 118 of the Acts of 2024, effective September 18, 2024). The law explicitly covers AI-generated and computer-altered images through a broad "digitization" definition. Massachusetts has no election deepfake law in force, and its right of publicity statute (M.G.L. ch. 214, § 3A) does not cover voice cloning.
Is It Illegal to Make a Deepfake of Someone in Massachusetts?
Massachusetts law targets three distinct deepfake buckets with uneven coverage. The sexual and intimate bucket is the strongest: distributing a nonconsensual intimate deepfake is a criminal offense under M.G.L. ch. 265, § 43A. The election and political bucket has no active law, only pending legislation. The voice cloning and digital likeness bucket is unaddressed by statute, leaving victims to rely on federal rules and limited common law.
Notably, Massachusetts was among the last states in the country to enact an intimate deepfake law. Before September 2024 the state had no criminal statute covering nonconsensual intimate images at all. The 2024 Act to Prevent Abuse and Exploitation (Ch. 118) filled that gap and went further than many earlier state laws by expressly reaching AI-generated content through the digitization definition.
Creating a deepfake for private purposes (without distributing it) is not addressed by current state criminal law. Distribution with reckless disregard for the subject's lack of consent is the triggering conduct under § 43A.
Sexual and Intimate Deepfakes
The core prohibition lives in M.G.L. ch. 265, § 43A. It is unlawful to distribute visual material depicting an identifiable person who is nude, partially nude, or engaged in sexual conduct when the distribution is done intentionally or with reckless disregard for the person's lack of consent and causes emotional distress or other injury.
"Visual material" expressly includes material produced by digitization. "Digitization" means the creation or alteration of visual material, including through the use of computer-generated images, in a manner that would falsely appear to a reasonable person to be an authentic representation of the person depicted. That definition squarely covers AI-generated deepfakes: a synthetic nude image of a real person is prohibited even if no actual photograph of the person undressed ever existed.
The statute also makes clear that consent to the creation of visual material does not constitute consent to its distribution. So an image generated with the subject's knowledge can still give rise to criminal liability if later shared without fresh consent.
For minors, M.G.L. ch. 272, § 29D (added by the same 2024 Act) creates a juvenile-track adjudication for minors who distribute intimate images of other minors. Young people adjudicated under § 29D are not required to register as sex offenders and are eligible for record expungement, reflecting a rehabilitative rather than punitive approach for peer-to-peer teen cases.
The existing child sexual abuse material statute, M.G.L. ch. 272, § 29C, uses the phrase "depiction by computer" but predates generative AI and lacks language specific to AI-created CSAM. Pending bills S.1174 and H.1593 would strengthen that coverage, but neither had passed as of June 2026. Federal law fills the gap: 18 U.S.C. § 2256(8)(B), enacted through the PROTECT Act of 2003, covers computer-generated images indistinguishable from real minors, with no First Amendment defense for indistinguishable material.
Election and Political Deepfakes
Massachusetts has no operative election deepfake law as of June 2026. The state's 2024 temporary election deepfake provision expired before any statewide election was held.
In February 2026 the Massachusetts House passed two separate bills. H.5093 ("An Act to Protect Against Election Misinformation") would prohibit distributing materially deceptive AI-generated media depicting a candidate within 90 days of an election. H.5094 would require political advertisements containing AI-generated content to carry a disclosure stating the ad "contains content generated by AI," with violations subject to fines up to $1,000. As of June 2026 both bills were in the Senate Committee on Ways and Means and had not been signed into law.
First Amendment caution applies here. A California election deepfake law (AB 2839) was enjoined in August 2025 on First Amendment grounds, illustrating the constitutional tension in laws that restrict political speech. Any Massachusetts election deepfake law, once enacted, may face similar litigation.
AI Voice Cloning and Digital Likeness
Massachusetts has a statutory right of publicity, M.G.L. ch. 214, § 3A, which allows a person to sue over unauthorized use of their name, portrait, or picture for advertising or trade purposes. The statute does not mention voice, and it does not extend to the breadth of voice and likeness claims that modern AI simulations raise. There is no Massachusetts equivalent of the Tennessee ELVIS Act (Tenn. Code Ann. § 47-25-1101 et seq., eff. July 1, 2024), which was the first state law to extend publicity rights to AI voice simulations and remains the national reference point for this type of legislation.
Practically, this means a Massachusetts-based victim of AI voice cloning has no clear state criminal remedy. Civil claims would need to fit within M.G.L. ch. 214, § 3A, which requires commercial use of a name, portrait, or picture and says nothing about voice, leaving many AI voice-cloning harms without a clear state remedy. The FTC Impersonation Rule (16 CFR Part 461) and the FCC's 2024 ruling on AI robocalls provide some federal coverage for commercial misuse, but neither addresses the full range of voice-cloning harms.
For victims whose voice or likeness is used in sexually explicit deepfakes, the § 43A intimate-image law would apply if the material is distributed without consent.
Federal Law That Applies in Massachusetts
The TAKE IT DOWN Act (Public Law 119-12) was signed into law on May 19, 2025, as the first federal law directly targeting intimate deepfakes. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, and expressly covers AI-generated "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 receiving a victim notice, with a compliance deadline of May 19, 2026. The Federal Trade Commission enforces the platform-removal obligation.
The DEFIANCE Act, which would create a federal civil cause of action for sexual deepfake victims with liquidated damages up to $150,000 ($250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment), passed the Senate by unanimous consent on January 13, 2026 (S.1837, 119th Congress) and remains pending in the House (H.R.3562). The 118th-Congress version also passed the Senate in July 2024 but died in the House. The DEFIANCE Act is proposed legislation, not current law.
The NO FAKES Act (S.1367/H.R.2794, 119th Congress), which would create a federal right of publicity against unauthorized AI digital replicas of voice and likeness, is also proposed only and has not passed either chamber.
The FCC's February 2024 ruling (FCC 24-17) under the Telephone Consumer Protection Act treats AI-generated voices in robocalls as "artificial" voices, making unsolicited AI voice-clone calls illegal without prior express consent. The FTC's Impersonation Rule (16 CFR Part 461) prohibits deceptive impersonation of government entities and businesses using AI-generated voice or media.
For AI-generated CSAM, 18 U.S.C. § 2256(8)(B) under the PROTECT Act covers computer-generated images indistinguishable from real minors, regardless of whether any actual child was depicted.
What Victims Can Do
Victims of sexual deepfakes in Massachusetts have three main avenues. First, report to law enforcement: M.G.L. ch. 265, § 43A is a criminal offense. Police and district attorneys can pursue charges; the state Attorney General's office has also publicly urged tech companies to remove deepfake NCII content.
Second, use the federal TAKE IT DOWN Act's platform-removal mechanism. Since May 2025, victims can submit a notice to any covered platform and the platform must remove the content within 48 hours. This applies regardless of whether the content is hosted on a Massachusetts server.
Third, pursue civil remedies. The 2024 Act also amended Chapter 209A (the domestic abuse prevention statute) to define "abuse" to include nonconsensual intimate image sharing, enabling victims to seek civil protective orders. Section 43A itself creates criminal penalties only, although it expressly preserves other remedies available at law or in equity. Common law tort claims (intentional infliction of emotional distress, false light invasion of privacy) may also apply depending on the facts.
For election deepfakes, because no Massachusetts law is currently in force, victims are limited to platform reporting and federal remedies. The TAKE IT DOWN Act does not cover election deepfakes; it is limited to intimate images.
Penalties at a Glance
| Conduct | Law | Penalty |
|---|---|---|
| Distributing nonconsensual intimate images or deepfakes (first offense) | M.G.L. ch. 265, § 43A | Up to 2.5 years in house of correction; fine up to $10,000; or both |
| Distributing nonconsensual intimate images or deepfakes (subsequent offense) | M.G.L. ch. 265, § 43A | Up to 10 years in state prison; fine up to $15,000; or both |
| Minor distributing intimate images of another minor | M.G.L. ch. 272, § 29D | Juvenile adjudication (no sex-offender registration; expungement eligible) |
| Publishing intimate deepfakes federally (TAKE IT DOWN Act) | Public Law 119-12 | Up to 2 years federal prison (3 years if victim is a minor) |
| AI voices in robocalls without consent | FCC 24-17 / TCPA | FTC/FCC enforcement; civil private right of action under TCPA |
| AI-generated CSAM (indistinguishable from real minor) | 18 U.S.C. § 2256(8)(B) | Federal felony; mandatory minimum sentences apply |
Disclaimer: This page provides general legal information about Massachusetts deepfake laws as of June 2026. It is not legal advice. Laws in this area change rapidly; consult a licensed Massachusetts attorney for guidance on your specific situation.
More Massachusetts Laws
Frequently Asked Questions
Is it illegal to make a deepfake of someone in Massachusetts?
Creating a deepfake privately is not specifically criminalized under current Massachusetts law. However, distributing a sexual or intimate deepfake without the person's consent is a crime under M.G.L. ch. 265, § 43A, effective September 18, 2024. The law covers AI-generated images through its digitization definition.
Is deepfake porn a crime in Massachusetts?
Yes. Distributing nonconsensual intimate images, including AI-generated deepfakes depicting a real identifiable person, is a criminal offense under M.G.L. ch. 265, § 43A. A first offense carries up to 2.5 years in jail and fines up to $10,000. Repeat offenders face up to 10 years in state prison.
Can I sue someone for a deepfake in Massachusetts?
Not under the deepfake statute itself. M.G.L. ch. 265, § 43A is a criminal statute and does not create a direct civil damages action, though it expressly preserves other remedies at law or in equity. Victims may seek civil protective orders under Chapter 209A, sue under the right of publicity statute (M.G.L. ch. 214, § 3A) for commercial misuse of a name or image, and bring common law claims for intentional infliction of emotional distress or invasion of privacy depending on the circumstances.
Are AI voice clones illegal in Massachusetts?
Massachusetts has no state law specifically targeting AI voice cloning. The federal FCC ruling (FCC 24-17) makes AI voice-clone robocalls illegal under the TCPA. The FTC Impersonation Rule prohibits AI-voice impersonation of businesses and government entities. Tennessee's ELVIS Act is the national model for voice-cloning legislation, but Massachusetts has not enacted a comparable law.
Does Massachusetts have an election deepfake law?
No, not as of June 2026. Massachusetts enacted a temporary 2024 election deepfake provision that expired before any statewide election. In February 2026 the House passed two bills (H.5093 and H.5094) addressing AI in political ads, but both remained in the Senate and had not been signed into law.
Does the federal TAKE IT DOWN Act apply in Massachusetts?
Yes. The TAKE IT DOWN Act (Public Law 119-12), signed May 19, 2025, applies nationwide, including Massachusetts. It independently criminalizes publishing nonconsensual intimate deepfakes and requires platforms to remove flagged content within 48 hours of a victim notice.
What if someone creates a deepfake of a minor in Massachusetts?
AI-generated CSAM is covered federally under 18 U.S.C. § 2256(8)(B) regardless of Massachusetts state law gaps. Massachusetts M.G.L. ch. 272, § 29C uses 'depiction by computer' language that may apply, but lacks specific generative AI language; pending bills S.1174 and H.1593 would strengthen it. Minors who share intimate images of other minors are addressed by M.G.L. ch. 272, § 29D under a juvenile track.
How is Massachusetts' deepfake law different from its recording law?
Massachusetts is a two-party (all-party) consent state for audio recording under M.G.L. ch. 272, § 99, meaning all parties to a conversation must consent to being recorded. That wiretapping law is separate from the 2024 intimate deepfake statute under ch. 265, § 43A. The recording law governs capturing conversations; the deepfake law governs distributing synthetic intimate images. Both reflect Massachusetts' strong privacy tradition, but they operate independently.
Sources and References
- M.G.L. ch. 265, § 43A (as amended by Ch. 118 of the Acts of 2024): Massachusetts nonconsensual intimate image and deepfake statute(malegislature.gov).gov
- Massachusetts Acts of 2024, Chapter 118: An Act to Prevent Abuse and Exploitation(malegislature.gov).gov
- Massachusetts House Press Release: House Passes Bills Regulating AI Use in Elections (Feb. 2026)(malegislature.gov).gov
- TAKE IT DOWN Act, Public Law 119-12 (S.146, 119th Congress, signed May 19, 2025)(congress.gov).gov
- 18 U.S.C. § 2256(8)(B): Federal CSAM statute covering computer-generated images (PROTECT Act 2003)(law.cornell.edu)
- FCC 24-17: FCC ruling making AI-generated voices in robocalls illegal under TCPA (Feb. 2024)(fcc.gov).gov
- FTC Impersonation Rule, 16 CFR Part 461 (eff. April 1, 2024)(ftc.gov).gov
- M.G.L. ch. 214, § 3A, the Massachusetts statutory right of publicity (name, portrait or picture)(malegislature.gov).gov