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

New Mexico has one enacted deepfake law: the 2024 election deepfake law (HB 182, NMSA 1978 §§ 1-19-26.4 and 1-19-26.8), signed March 5, 2024 and effective May 15, 2024. The state has no law criminalizing AI-generated non-consensual intimate images of adults, leaving New Mexico as one of the most significant gap states in the country. Federal law and, for minors, the state CSAM statute provide partial backstops.

Is It Illegal to Make a Deepfake of Someone in New Mexico?

It depends on the type of deepfake. New Mexico law criminalizes AI-generated deceptive media in elections but does not have a general adult intimate deepfake law. The three main categories break down differently here than in most states.

For sexual and intimate deepfakes of adults, there is no enacted state law. The existing unauthorized distribution of sensitive images statute (NMSA 1978 § 30-37A-1) covers real photographs and videos shared without consent but does not expressly reach AI-generated images. A proposed amendment to extend the statute to AI-generated intimate imagery was not enacted as of mid-2026.

For election deepfakes, New Mexico is ahead of many states. NMSA 1978 § 1-19-26.8 (HB 182, 2024) makes distributing materially deceptive AI media to influence an election a criminal offense. For AI voice cloning and digital likeness, the state has no statutory right of publicity and no voice-specific law.

Sexual and Intimate Deepfakes

New Mexico does not have an enacted law criminalizing AI-generated non-consensual intimate images (NCII) of adults. The existing statute, NMSA 1978 § 30-37A-1, prohibits unauthorized distribution of sensitive images and provides a misdemeanor penalty (felony on a second conviction), but its text does not cover synthetic or AI-generated imagery.

A bill introduced by Representative Christine Chandler would have amended § 30-37A-1 to include "sensitive deepfake images," but the legislature did not pass it. New Mexico Attorney General Raúl Torrez has publicly called for stronger deepfake laws, signaling continued legislative attention to this gap.

For minors, the picture is different. The state CSAM statute, NMSA 1978 § 30-6A-2, defines "visual or print medium" to include "any computer or electronically generated imagery." That broad definition covers AI-generated images depicting minors, so creating or distributing AI-generated CSAM in New Mexico is a serious felony regardless of any gap in the adult NCII law.

Victims of adult intimate deepfakes in New Mexico must currently rely on federal law. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the primary backstop, making it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults, expressly including AI-generated deepfakes. Platforms must remove flagged content within 48 hours of victim notice.

Election and Political Deepfakes

New Mexico enacted meaningful election deepfake protection through HB 182, signed by Governor Michelle Lujan Grisham on March 5, 2024. It took effect May 15, 2024, ninety days after the legislative session adjourned.

The law created NMSA 1978 § 1-19-26.8 under the Campaign Reporting Act. It prohibits a person from distributing, or agreeing with another person to distribute, "materially deceptive media" within 90 days before an election, knowing the media falsely represents the depicted individual and intending to alter voter behavior. Materially deceptive media means an image, video, or audio that depicts an identifiable individual engaged in conduct or speech in which that individual did not engage, was shared publicly without the individual's consent, and was produced in whole or in part using AI.

The law also amended NMSA 1978 § 1-19-26.4, an existing 2019 disclaimer statute, to require advertisements containing materially deceptive media to carry a clear AI disclaimer, with specific formatting rules for images, audio, and video. Disclaimer violations carry civil penalties under NMSA 1978 § 1-19-34.6.

Penalties escalate, but the statute assigns only a classification and leaves the sentence to New Mexico's general sentencing scale. Subsection D provides that a person who willfully and knowingly violates the prohibition is guilty of a misdemeanor for a first conviction and a fourth degree felony for a second conviction. The section states no number of days, no number of years and no dollar amount anywhere in its text. Sentencing therefore comes from the general statutes: a misdemeanor carries a definite term of less than one year in county jail and a fine of not more than $1,000 under NMSA 1978 § 31-19-1(A), and a fourth degree felony carries a basic sentence of eighteen months of imprisonment under § 31-18-15(A) and a fine of not more than $5,000 under § 31-18-15(E). Subsection F of § 1-19-26.8 is a savings clause preserving other claims and civil actions for damages, not a penalty provision. The statute's only exemption is the disclaimer itself: materially deceptive media, including satire, parody, or news coverage, is not a violation if it carries the required AI disclaimer. A looser newscast exemption, letting a broadcaster satisfy the rule by clearly acknowledging AI-generation rather than using the full disclaimer, applies only to the separate paid-advertisement disclaimer law at NMSA 1978 § 1-19-26.4, not to this criminal prohibition. The New Mexico Secretary of State and Ethics Commission investigate complaints, and the statute lets the attorney general, a district attorney, the depicted individual, an injured candidate, or a voter organization seek injunctive relief in court.

Note that election deepfake laws face ongoing First Amendment risk nationwide. A California election deepfake law (AB 2839) was enjoined in August 2025 on constitutional grounds. New Mexico's law has not been challenged in court as of mid-2026, but the First Amendment landscape for this area of law continues to evolve.

AI Voice Cloning and Digital Likeness

New Mexico provides the weakest protections of the three buckets in this area. The state has no right-of-publicity statute and no law specifically addressing AI voice cloning or synthetic digital replicas.

Protections rest entirely on common law, which recognizes a limited right of publicity for commercial use of a person's name, image, or likeness. Common law claims are harder to bring than statutory ones: there is no clear penalty, no private right of action spelled out in statute, and no extension to voice.

The national reference point is Tennessee's ELVIS Act (Tenn. Code Ann. § 47-25-1101 et seq., effective July 1, 2024), the first state law to extend right-of-publicity protections to voice against AI simulations. New Mexico has no comparable statute. The federal NO FAKES Act, which would create a nationwide right of publicity against unauthorized AI digital replicas, remains a proposed bill in committee and has not passed either chamber of Congress as of mid-2026.

For AI voice cloning used in robocalls, federal law provides protection. The FCC ruled in February 2024 (FCC 24-17) that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act, making unsolicited AI voice-clone calls illegal without prior express consent. The FTC Impersonation Rule (16 CFR Part 461, effective April 1, 2024) also prohibits AI voice impersonation of government entities and businesses.

New Mexico residents whose voice or likeness is used without consent in commercial contexts can pursue common law misappropriation claims, but outcomes are uncertain compared to states with robust statutory frameworks.

For general AI regulation in the state, see New Mexico AI Laws, which covers the broader legislative landscape beyond deepfakes. That page addresses AI in employment, public contracting, and other sectors distinct from the deepfake-specific statutes discussed here.

Federal Law That Applies in New Mexico

Federal law fills several of the gaps that New Mexico state law leaves open.

The TAKE IT DOWN Act (Public Law 119-12) is now the primary national protection for adult intimate deepfake victims. Signed on May 19, 2025, it makes it a federal crime to knowingly publish nonconsensual intimate visual depictions, explicitly including AI-generated "digital forgeries." Penalties reach two years in prison (three years when minors are involved). Platforms must remove flagged content within 48 hours of victim notice, with FTC enforcement.

Federal CSAM law (18 U.S.C. § 2256(8)(B), the PROTECT Act of 2003) covers computer-generated images "indistinguishable" from a real minor, filling any theoretical gap even in states with broader CSAM statutes.

The FCC AI-robocall ruling (FCC 24-17, February 2024) and the FTC Impersonation Rule (16 CFR Part 461) address AI voice fraud at the federal level, as described in the voice cloning section above.

Two bills often mentioned in coverage of deepfake law remain pending and are NOT enacted 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, rising to $250,000 where the conduct involved actual or attempted sexual assault, stalking, or harassment. It passed the Senate by unanimous consent on January 13, 2026 but remains pending in the House and is not law. The NO FAKES Act (S.4591, 119th Congress) would create a federal right of publicity against unauthorized AI digital replicas; it has cleared the Senate Judiciary Committee and awaits a Senate floor vote (as of August 2026) and has not passed either chamber as of mid-2026. See Deepfake & AI Voice Cloning Laws by State for the current federal status overview.

What Victims Can Do

If you are a victim of a deepfake in New Mexico, the available remedies depend on the type of harm.

For intimate deepfakes, file a report with local law enforcement and note that federal charges under the TAKE IT DOWN Act may be available even without a state criminal statute. Contact the National Center for Missing and Exploited Children (NCMEC) if the content involves a minor. Use the TAKE IT DOWN platform-notification process: platforms must remove content within 48 hours of your notice.

For election deepfakes, file a complaint with the New Mexico Secretary of State or the New Mexico Ethics Commission, which share enforcement authority under § 1-19-26.8.

For voice cloning and likeness misuse, consult a private attorney about common law misappropriation or false light claims. If the misuse involves robocalls, file a complaint with the FCC.

For platform takedown, the TAKE IT DOWN Act's 48-hour removal window is now the fastest route for intimate content. Major platforms also maintain their own reporting mechanisms.

For context on New Mexico privacy and data protection, see New Mexico Data Privacy Laws and New Mexico Recording Laws.

Penalties Summary

Disclaimer: This page provides general legal information about New Mexico deepfake and AI-generated media laws. It is not legal advice. Laws in this area are changing rapidly at both the state and federal levels. Consult a licensed New Mexico attorney for advice about your specific situation.

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