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

North Carolina has enacted one of the clearest state-level deepfake laws in the country. Session Law 2024-37 (HB 591), effective December 1, 2024, amended G.S. 14-190.5A to explicitly cover AI-generated intimate images of adults, created a new sexual extortion offense at G.S. 14-202.7 that carries the same AI image definition, and updated G.S. 14-190.13 to bring AI-generated child sexual abuse material within the state's minor-exploitation statutes. The state has no enacted election deepfake law as of mid-2026, though multiple bills remain pending.

Is It Illegal to Make a Deepfake of Someone in North Carolina?

Yes, under specific circumstances, and the scope depends on the type of deepfake involved. North Carolina law addresses the problem across two of the three main buckets: sexual deepfakes of adults, including deepfakes used to sexually extort someone, and AI-generated sexual imagery of minors. The third bucket, election deepfakes, has no enacted state law yet.

What is clearly covered: creating or distributing a realistic AI-generated intimate image of an identifiable adult without their consent, with the intent to coerce, harass, intimidate, demean, humiliate, or cause financial loss. Also covered: threatening to release such an image to force the depicted person to hand over money, more images, or anything else of value, which North Carolina treats as a separate and more serious offense. What is not covered by state law: deepfakes used in political campaigns, AI voice cloning for commercial purposes, or non-sexual deepfakes designed to deceive or defame.

The federal TAKE IT DOWN Act fills some gaps for intimate images, and FTC rules address deceptive AI voice use in commerce. The absence of an election deepfake statute is a notable gap that the General Assembly has tried, but so far failed, to close.

Sexual and Intimate Deepfakes

North Carolina's primary tool against intimate deepfakes is G.S. 14-190.5A, the state's disclosure of private images statute. Session Law 2024-37 broadened the definition of "image" to include "a realistic visual depiction created, adapted, or modified by technological means, including algorithms or artificial intelligence, such that a reasonable person would believe the image depicts an identifiable individual." That language is direct and was plainly written to cover AI deepfake generators.

To be guilty under G.S. 14-190.5A, the person must knowingly disclose the image, must intend to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, and the image must show intimate parts or sexual conduct without the depicted person's affirmative consent. The depicted person must also be identifiable from the image or accompanying information, and the offender must have obtained, created, adapted, or modified the image without consent. All five statutory elements must be present.

The penalty for an adult offender (18 or older at the time of the offense) is a Class H felony. In North Carolina, a Class H felony carries a sentence of 4 to 8 months for an offender with no prior record and may include active prison time depending on the offender's prior record level. A person under 18 at the time of a first offense faces a Class 1 misdemeanor; a second or subsequent offense while under 18 is elevated to a Class H felony.

The same session law also created G.S. 14-202.7, sexual extortion and aggravated sexual extortion, and that statute carries the identical AI image definition. It reaches the threat rather than the disclosure: it is a crime to threaten to disclose a private image, or to refuse to delete or retract one already disclosed, in order to compel the victim or an immediate family member to do or not do something, and to obtain more images, money, or anything else of value. Because the statutory definition of image covers realistic AI-generated depictions of an identifiable person, a deepfake the offender generated is enough; nothing real has to exist. An adult offender commits a Class F felony, a step above the Class H felony under G.S. 14-190.5A. The offense becomes aggravated sexual extortion, a Class E felony, when the victim is a minor or an individual with a disability and the offender is an adult. A minor's first offense is a Class 1 misdemeanor and a second or subsequent offense is a Class F felony.

AI-CSAM involving minors is handled separately under G.S. 14-190.13 and the newly created G.S. 14-190.17C. Session Law 2024-37 amended the definition of "material" to include "digital or computer-generated visual depictions or representations created, adapted, or modified by technological means, such as algorithms or artificial intelligence." The new G.S. 14-190.17C criminalizes distribution and possession of obscene AI-generated images depicting minors in sexual activity. Notably, no real child needs to have been depicted. This mirrors the federal approach under 18 U.S.C. 2256(8)(B), which covers computer-generated images "indistinguishable" from a real minor regardless of whether any child was harmed in production.

Election and Political Deepfakes

North Carolina does not have an enacted election deepfake law as of mid-2026. The state has come close on multiple occasions. In the 2024 session, HB 1072 ("Require Disclaimer/Use of AI in Political Ads") and SB 880 ("No Deepfakes in Election Communication") were both filed but failed to advance to enactment. The 2025 session produced two more attempts: HB 375, which would require disclosure labels on synthetic media in political advertising within 90 days of an election; and HB 934 (part of the AI Regulatory Reform Act), which would make it a Class 1 misdemeanor to create or distribute a deepfake with the purpose of injuring a candidate or influencing an election. As of mid-2026, neither bill has passed either chamber.

The political urgency is clear. North Carolina's 6th Congressional District race drew national attention after a PAC called First Freedoms Foundation used AI-generated content targeting candidates. That episode accelerated legislative interest, but no bill has crossed the finish line.

First Amendment considerations are part of why this legislation stalls. Courts have shown willingness to enjoin election deepfake laws that sweep too broadly. A federal court struck down California's AB 2839 in its entirety and permanently enjoined it in August 2025 on First Amendment grounds (Kohls v. Bonta). North Carolina legislators drafting future bills will need narrow, intent-based elements to withstand constitutional scrutiny.

Until North Carolina enacts an election deepfake law, creators of political deepfakes in the state face no state criminal liability for the electoral manipulation itself, though they may face other claims depending on context (defamation, for example, if the content is false and injurious).

AI Voice Cloning and Digital Likeness

North Carolina has no statutory right of publicity and no ELVIS Act-style voice cloning law. Tennessee's ELVIS Act (Tenn. Code Ann. 47-25-1101 et seq., effective July 1, 2024) is the national reference point: it extended Tennessee's right of publicity expressly to AI voice simulations and created a civil cause of action against anyone who uses an AI model trained on a person's voice without consent. North Carolina has not followed that model.

What North Carolina does have is a common law right of publicity, recognized by courts in the state, that protects against the unauthorized commercial use of a person's name, image, or likeness. Whether a cloned AI voice constitutes actionable misappropriation under that common law framework has not been definitively resolved by NC courts, and the answer would likely depend on the commercial context.

For non-commercial but deceptive uses of AI voice, the FTC Impersonation Rule (16 CFR Part 461) covers AI voice impersonation of government entities and businesses. The FCC's 2024 ruling (FCC 24-17) made AI-generated voice calls to phones without prior consent illegal under the TCPA; that federal rule applies in North Carolina just as anywhere else.

For general AI law, including North Carolina's 2025 legislative activity and Governor Stein's Executive Order No. 24, see North Carolina AI Laws. That page covers the broader AI regulatory landscape; this page focuses specifically on deepfake-specific criminal and civil liability.

Federal Law That Applies in North Carolina

Several federal laws operate alongside (or instead of) North Carolina's state statutes, and victims should be aware of both tracks.

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the most significant recent development. It creates a federal crime for knowingly publishing nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated "digital forgeries." The penalty is up to 2 years in prison (3 years when the victim is a minor). Crucially, it also requires online platforms to remove flagged content within 48 hours of a victim's notice (compliance deadline: May 19, 2026). This 48-hour removal rule gives victims a direct, fast avenue against platforms that North Carolina's state law does not provide.

Federal CSAM law (18 U.S.C. 2256(8)(B)) independently covers computer-generated images indistinguishable from a real minor in sexually explicit conduct. This applies even when there is no identifiable real child involved.

Two proposed federal laws, the DEFIANCE Act and the NO FAKES Act, are frequently cited but 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, or $250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment. It passed the Senate by unanimous consent on January 13, 2026, and is now pending in the House (more details in our coverage of the DEFIANCE Act). The NO FAKES Act (S.4591, 119th Congress) would create a federal right of publicity covering AI voice and likeness replicas. Neither has been enacted as of mid-2026.

The FTC Impersonation Rule (16 CFR Part 461, effective April 1, 2024) prohibits deceptive AI-assisted impersonation of government entities and businesses. A separate rulemaking to extend these protections to individual impersonation is pending but not finalized.

What Victims Can Do

If you are the victim of a nonconsensual intimate deepfake in North Carolina, you have several avenues:

First, criminal reporting. Under G.S. 14-190.5A, the offense is a Class H felony when committed by an adult. If the person is threatening to release the image unless you pay, send more images, or do something else, that is sexual extortion under G.S. 14-202.7, a Class F felony, or a Class E felony if you are a minor or an individual with a disability and the offender is an adult. Say so in the report. File a report with local law enforcement, who can refer the matter to prosecutors. Federal law (TAKE IT DOWN Act) gives the FTC enforcement authority and creates a parallel federal criminal charge.

Second, civil action under G.S. 14-190.5A(g). North Carolina's statute expressly provides a civil cause of action. Victims are entitled to actual damages, with a liquidated damages floor of $1,000 per day for each day of violation or $10,000 (whichever is higher), plus punitive damages and attorney fees. The action must be filed within one year of initial discovery of the disclosure and no more than seven years from the most recent disclosure. You do not need to wait for a criminal prosecution to pursue civil relief.

Third, platform takedowns. Under the TAKE IT DOWN Act, platforms must remove flagged intimate depictions within 48 hours of a victim's notice. This is the fastest route to stopping ongoing harm. The FTC oversees platform compliance.

For recording-law context (including North Carolina's one-party consent rules that govern who may legally record conversations), see North Carolina Recording Laws.

For North Carolina data privacy law, including how personal data (including biometric and image data) is regulated, see North Carolina Data Privacy Laws.

Penalties at a Glance

Disclaimer: This page provides general legal information about North Carolina deepfake laws and is not legal advice. Deepfake and AI-related laws are changing rapidly at both the state and federal levels. If you need guidance about a specific situation, consult a licensed North Carolina attorney.

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

More North Carolina Laws

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• North Carolina Data Privacy Laws
• North Carolina Recording Laws
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