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

Mississippi has enacted two deepfake laws: a criminal ban on election deepfakes (SB 2577, effective July 1, 2024) and an AI-generated child sexual abuse material (AI-CSAM) statute (HB 1126, 2024). The state has no law covering adult nonconsensual intimate deepfakes and no right-of-publicity statute protecting voice or digital likeness. A 2026 bill to fill those gaps passed the Senate but died in the House.

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

It depends on the type of deepfake. Mississippi law currently targets two specific buckets: election interference and child sexual exploitation. Outside those two areas, creating or sharing a deepfake of an adult is not a standalone state crime, though common law torts and federal law may still apply.

For election deepfakes, SB 2577 covers dissemination, not mere creation. The crime requires knowing dissemination without the depicted person's consent, within the 90-day pre-election window, combined with the required intent to injure a candidate, influence an election outcome, or deter voter participation.

For deepfakes depicting minors in sexual content, HB 1126 closed the AI gap in Mississippi's CSAM statute. Creation, possession, and distribution of AI-generated or computer-morphed sexual imagery of minors is criminalized under sections 97-5-31 and 97-5-33 of the Mississippi Code. HB 1308 (2025), approved by the Governor on April 17, 2025 and effective July 1, 2025, went further: it removed the definition of identifiable child from section 97-5-31 and stripped the identifiability element out of the morphed image definition. The statute no longer requires that the depicted child be a real, recognizable minor.

For adult intimate deepfakes (nonconsensual intimate imagery, or NCII), Mississippi has no state-level statute. The legislature came close in 2026: SB 2046 passed the Senate unanimously but did not survive the House. Until Mississippi acts, adult victims depend on the federal TAKE IT DOWN Act and common law.

For AI voice cloning and digital likeness, there is no Mississippi statute. The state has never enacted a right-of-publicity law; protections rest entirely on common law tort claims.

Sexual and Intimate Deepfakes

Mississippi has not enacted a law specifically targeting nonconsensual intimate deepfakes involving adults. The state's revenge porn statute (SB 2121, effective July 1, 2021) criminalizes both disclosing real intimate images without consent with intent to harm and threatening disclosure to obtain a benefit, but it has not been amended to cover AI-generated content.

For minors, the picture is clearer. The Walker Montgomery Protecting Children Online Act (HB 1126, 2024) expressly brought AI-generated CSAM within Mississippi's child exploitation framework. A "morphed image" is defined as any visual depiction (including computer or computer-generated images) created, adapted, or modified to appear to be a minor engaging in sexual conduct or sexually explicit activity, or appearing in a state of sexually explicit nudity. HB 1126 originally limited that definition to an identifiable minor, but HB 1308 (2025), effective July 1, 2025, removed the identifiability requirement and deleted the separate definition of identifiable child. Both the creation and distribution of such material fall under sections 97-5-31 and 97-5-33.

Federal law also covers AI-generated CSAM independent of state law. Under 18 U.S.C. section 2256(8)(B), as amended by the PROTECT Act (2003), computer-generated images indistinguishable from a real minor in a sexual context are federally prohibited with no First Amendment defense.

Adult victims of intimate deepfakes in Mississippi have two principal options under current law. First, the TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) makes it a federal crime to knowingly publish nonconsensual intimate visual depictions, including AI-generated "digital forgeries," of any adult or minor. Penalties reach up to 2 years in prison (3 years if the victim is a minor). Second, platforms must now remove flagged intimate deepfake content within 48 hours of receiving a victim notice, enforceable by the FTC.

The proposed DEFIANCE Act, which would create a federal civil cause of action for intimate deepfake victims with liquidated damages of $150,000 (or $250,000 where the conduct involved actual or attempted sexual assault, stalking, or harassment), passed the Senate by unanimous consent on January 13, 2026, but remains pending in the House and is not yet law.

Election and Political Deepfakes

Mississippi has a functioning election deepfake law. SB 2577 (2024), effective July 1, 2024, prohibits the knowing dissemination of a digitization (defined broadly to include AI-generated or algorithmically altered audio or visual content) when three conditions are all met: the depicted individual has not consented; the dissemination occurs within 90 days of an election; and the person disseminating it intends to injure a candidate, influence an election result, or deter someone from voting.

The law provides explicit exemptions. Internet platforms protected by Section 230, broadcasters airing the content in bona fide news coverage, news publications that disclose the content does not accurately represent a candidate or ballot issue, satire and parody, and cybersecurity researchers are all exempt. Separately, it is a defense to prosecution if the digitization displays clear and prominent language throughout informing viewers that the depicted individual did not engage in the depicted speech or conduct.

Civil injunctive relief is available to the depicted individual, an injured candidate, a political party whose nominee is harmed, the Attorney General, or a district attorney. A court may order the digitization removed from social media, email, video-sharing services, or any other method through which it was disseminated, even before criminal prosecution moves forward.

Penalties follow a two-tier structure. A standard violation carries up to 1 year in prison, a fine of up to $5,000, or both. The penalty escalates to up to 5 years in prison, a fine of up to $10,000, or both, if the dissemination was intended to incite violence or bodily harm, to deter someone from voting, or if the offender was convicted of a prior violation within the previous 5 years.

A word of caution on election deepfake laws generally: a federal court struck down California's election deepfake statute (AB 2839) in its entirety on First Amendment grounds in August 2025 and permanently enjoined its enforcement. Mississippi's law, like similar statutes in other states, carries ongoing constitutional risk in contexts involving satire, parody, or political commentary. The safe harbors in SB 2577 reduce but do not eliminate that exposure.

AI Voice Cloning and Digital Likeness

Mississippi provides no statutory protection for voice cloning or unauthorized AI replicas of a person's likeness. The state has never passed a right-of-publicity law; any claims for misappropriation of name, likeness, or voice rest entirely on common law.

In 2026, the legislature had the clearest opportunity yet to change that. SB 2046, the Mississippians' Right to Name, Likeness and Voice Act, would have established a statutory property right in each person's name, likeness, and voice as transferable intellectual property. Victims whose identity was misused without authorization could have sought injunctive relief and monetary damages set at the greater of a liquidated sum per violation ($5,000, or $50,000 for unauthorized cloning services) or actual damages plus the violator's profits. The Senate passed the bill unanimously, 52-0, on February 11, 2026. The House Judiciary A Committee let it die on March 3, 2026, without a floor vote.

The national reference point for voice-clone legislation is Tennessee's ELVIS Act (Tenn. Code Ann. sections 47-25-1101 et seq., eff. July 1, 2024), which extended Tennessee's right of publicity explicitly to AI simulations of a person's voice. Mississippi has not yet followed that path.

The proposed federal NO FAKES Act, which would create a national right of publicity for voice and likeness against unauthorized AI digital replicas, has not passed either chamber of Congress and is not law.

For AI voice impersonation used in robocalls, a separate federal rule applies. The FCC ruled in February 2024 (FCC 24-17) that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act, making AI voice-clone robocalls to phones without prior express consent illegal nationwide.

Federal Law That Applies in Mississippi

Several federal laws apply directly to Mississippi residents regardless of the state's gaps.

The TAKE IT DOWN Act (Public Law 119-12) is the most significant new development. Signed on May 19, 2025, it creates a federal crime for knowingly publishing nonconsensual intimate visual depictions (including AI deepfakes expressly described as "digital forgeries") of adults or minors. Penalties reach 2 years in prison for adult victims, 3 years for minor victims. Platforms must remove flagged content within 48 hours of victim notice, with FTC enforcement.

Federal CSAM law (18 U.S.C. section 2256, as amended by the PROTECT Act) covers AI-generated images indistinguishable from real minors in sexual content, with no First Amendment defense. This applies nationwide and independently of Mississippi's state CSAM statute.

The FTC Impersonation Rule (16 CFR Part 461, eff. April 1, 2024) prohibits deceptive impersonation of government entities and businesses using AI voice cloning. The FTC can also pursue AI voice fraud under FTC Act section 5 and the Telemarketing Sales Rule.

Two proposed federal laws are not yet enacted: the DEFIANCE Act (S.1837, 119th Congress), which passed the Senate in January 2026 and would create a civil cause of action for intimate deepfake victims, and the NO FAKES Act (S.4591, 119th Congress), which would create a federal right of publicity against unauthorized AI replicas of voice and likeness. Both are pending bills, not law.

What Victims Can Do

Victims of election deepfakes can report the conduct to local law enforcement and the Mississippi Secretary of State's office. The depicted individual and injured candidates can also seek civil injunctive relief directly under SB 2577 to require removal of the content.

Victims of intimate deepfakes (adult NCII) have no state criminal statute to invoke, but can report violations of the federal TAKE IT DOWN Act to the FTC or refer the matter to federal law enforcement. The TAKE IT DOWN Act's 48-hour platform removal obligation is the fastest legal tool currently available: victims submit a notice to the platform identifying the content, and the platform must act within 48 hours or face FTC enforcement.

Victims of AI voice cloning or unauthorized likeness use have no Mississippi statutory remedy. Common law claims (misappropriation of likeness, intentional infliction of emotional distress, or defamation where false statements of fact are implied) remain available but are harder to pursue without a statutory framework.

For minors depicted in AI-generated sexual content, criminal reports can be made to local law enforcement, the Mississippi Attorney General's office, or the National Center for Missing and Exploited Children (NCMEC) CyberTipline, which feeds directly into federal investigations.

Penalties at a Glance

Disclaimer: This page provides general legal information about Mississippi deepfake laws and is not legal advice. Deepfake and AI law is one of the fastest-changing areas of legislation; statutes and court interpretations may shift significantly after publication. If you are a victim or have been accused of a violation, consult a licensed Mississippi attorney.

Sources

See the citations below for the primary sources underlying this page, including Mississippi session laws, the federal TAKE IT DOWN Act, and FCC and FTC regulatory materials.

Deepfake and AI Voice Cloning Laws by State

Mississippi AI Laws and Regulation covers Mississippi's broader AI regulatory picture, including HB 1723's statutory AI definition; this page focuses specifically on deepfake and voice-cloning crimes.

Mississippi Recording Laws for the state's audio and video consent rules, which govern recording real conversations, a distinct framework from deepfake liability.

Mississippi Data Privacy Laws for the state's data breach notification and consumer privacy framework.

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