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

Oklahoma outlaws nonconsensual AI-generated sexual deepfakes under 21 O.S. s. 1040.13b, expanded by HB 1364 (effective November 1, 2025). The law covers sexual deepfakes of adults. Oklahoma has no election-deepfake statute and no dedicated AI voice-cloning law, though its right-of-publicity statutes (12 O.S. ss. 1448-1449) protect name, voice, and likeness against unauthorized commercial use. Federal law fills the remaining gaps.

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

In Oklahoma, the critical distinction is between making a deepfake and disseminating one. Section 1040.13b, as amended by HB 1364, targets the act of dissemination without consent rather than the act of creation alone. If you share an AI-generated sexual image of an identifiable person without their consent, with intent or reckless disregard to harass, annoy, threaten, alarm, or cause harm, you commit a criminal offense.

Three categories of deepfake conduct are relevant in Oklahoma. First, sexual and intimate deepfakes of adults are covered by 21 O.S. s. 1040.13b since November 1, 2025, though a competing 2026 version of that same section complicates the picture (see below). Second, AI-generated child sexual abuse material involving minors is a separate felony under 21 O.S. s. 1021.2. Third, election deepfakes and AI voice cloning of public or private figures for non-sexual purposes have no dedicated Oklahoma statute; federal law, Oklahoma's right-of-publicity statutes, and general civil remedies apply.

Several categories of deepfake content are not specifically addressed by Oklahoma law. Deepfakes used in political advertising without sexual content, voice clones used for commercial fraud (absent an explicit voice-cloning statute), and satire or clearly labeled parody are areas where Oklahoma has not yet enacted specific prohibitions. That does not mean they are consequence-free: existing Oklahoma fraud and identity-theft statutes may apply in some circumstances, and federal law reaches conduct that state law does not.

For more on how Oklahoma's general AI governance framework (and its gaps) compare to other states, see Oklahoma AI Laws. That page covers the broader AI regulatory picture; this page focuses on deepfakes and voice cloning specifically.

Sexual and Intimate Deepfakes

Oklahoma's primary deepfake law is 21 O.S. s. 1040.13b, which the legislature originally enacted as a nonconsensual intimate-image statute and then expanded to cover AI-generated content. HB 1364, signed by Governor Stitt on May 5, 2025, and effective November 1, 2025, added a new definition and a separate offense for "artificially generated sexual depictions."

The statute defines an "artificially generated sexual depiction" as a visual depiction that appears to authentically show an identifiable person in a state of nudity or engaged in sexual conduct that did not occur in reality, and whose production was substantially dependent on technical means (including AI or photo-editing software) rather than on a person physically impersonating the subject. This definition reaches AI-generated images, AI-altered photographs, and deepfake videos alike.

A person commits the offense when they disseminate an artificially generated sexual depiction of another person with the intent or with reckless disregard to harass, annoy, threaten, alarm, or cause physical, emotional, reputational, or economic harm, and without the depicted person's effective consent. The reckless-disregard standard is significant: the prosecution does not need to prove the defendant intended harm, only that they recklessly disregarded the substantial risk of it.

The base penalty is a misdemeanor: up to one year in a county jail, a fine of up to $1,000, or both. The offense escalates to a felony in two circumstances. First, if the offender gains or attempts to gain property or anything of value through the nonconsensual dissemination or threatened dissemination, the penalty rises to up to five years in state custody. A second or subsequent financial-gain violation carries up to ten years and mandatory sex-offender registration. Second, disseminating three or more images or artificially generated sexual depictions within any six-month period is a separate felony carrying up to ten years.

Two versions of Section 1040.13b are in effect on paper. Two different 2025 acts amended the same section. HB 1364 (Laws 2025, c. 23), effective November 1, 2025, is the version described above: it added the AI definitions and the artificially generated sexual depiction offense, and it set flat maximums of one year, five years, and ten years. HB 2104 (Laws 2025, c. 486, s. 399), effective January 1, 2026, is part of Oklahoma's felony reclassification overhaul, and it rewrites the same subsections G and K to make each "a Class D1 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20N of this title." Under 21 O.S. s. 20N, a Class D1 offense carries not more than five years for a defendant with no qualifying priors, one to seven years for a defendant with one or two prior Class C or Class D convictions, and two to ten years for a defendant with three such priors or any prior Class Y, A, or B conviction. The official Oklahoma Statutes publish both texts side by side as 1040.13bv1 and 1040.13bv2, so the ten-year figures above are accurate as HB 1364 enacted them but should not be read as a flat ceiling for conduct on or after January 1, 2026.

The two versions also differ in scope. The January 1, 2026 text contains no artificially generated sexual depiction definition and no AI dissemination offense at all; its definitions subsection lists only "image," "intimate parts," and "sexual act." That reads as a drafting artifact of two bills amending the same section in the same session rather than a repeal of the AI coverage, and Oklahoma law provides a procedure for a later measure to incorporate and merge different versions of a statute amended by more than one bill in the same session (75 O.S. s. 23.1). Until the Legislature does that, a reader who pulls up the currently compiled 1040.13bv2 will not find any deepfake language in it. Anyone facing a charge, or considering bringing one to a prosecutor, should confirm with counsel which version governs the conduct at issue.

Courts have authority to order defendants to remove the disseminated content where it is within the defendant's power to do so. Convictions also trigger asset forfeiture under 21 O.S. s. 1040.54. Section 230 of the Communications Decency Act shields the platforms that host the content, not the individuals who create and upload it.

AI-CSAM involving minors. For sexual depictions of persons under 18, Oklahoma law is even stricter. HB 3642 (effective November 1, 2024) updated the child pornography definition at 21 O.S. s. 1024.1 to include visual depictions of a child that have been "adapted, altered, or modified" to show sexually explicit conduct, and depictions that appear to be a child regardless of whether the image depicts an actual child, a computer-generated image, or an altered image. Possession, distribution, or manufacture of such material under 21 O.S. s. 1021.2 is a felony punishable by up to 20 years and a $25,000 fine, with no eligibility for a deferred sentence and mandatory post-imprisonment supervision. Federal law under 18 U.S.C. s. 2256 independently covers AI-generated CSAM indistinguishable from a real minor.

Election and Political Deepfakes

Oklahoma has not enacted an election-deepfake statute as of June 2026. There is no Oklahoma law requiring disclosure when AI-generated content is used in political advertising, and no specific criminal offense for creating or distributing deepfakes designed to mislead voters about a candidate's statements or actions.

This is a significant gap given the pace of AI development. Nationwide, at least 20 states enacted election-deepfake laws between 2023 and 2025, but Oklahoma is not among them. Legislators have not advanced a standalone bill on the subject through the full legislative process.

Existing statutes may provide partial coverage in narrow circumstances. Oklahoma election law prohibits certain forms of fraudulent campaign communications, and general fraud statutes could theoretically reach a deepfake intended to deceive voters, but neither was designed for AI-generated media and neither provides a clean path to prosecution.

A First Amendment caution applies across the country: courts have scrutinized election-deepfake laws for overbreadth, and a California law (AB 2839) was enjoined in August 2025 on those grounds. Any future Oklahoma election-deepfake legislation will need to be carefully tailored to avoid similar challenges.

AI Voice Cloning and Digital Likeness

Oklahoma has no dedicated AI voice-cloning statute, but it does have general right-of-publicity laws that expressly cover voice. Under 12 O.S. s. 1449, knowingly using another person's name, voice, signature, photograph, or likeness on products or for advertising without consent is civilly actionable for damages and attributable profits, and 12 O.S. s. 1448 extends similar protection to deceased personalities for 100 years after death. Unauthorized commercial use of a person's name or picture is also a misdemeanor under 21 O.S. ss. 839.1 through 839.3. These statutes predate generative AI and require a commercial use, so they reach an AI voice clone used to sell a product but not most private or harassing uses. HB 3453 (2024), which would have established rights for Oklahomans when interacting with AI, passed the House 89-0 but died in the Senate Judiciary Committee without a floor vote. It was never enacted into law and provides no legal protection.

The national reference point is Tennessee's ELVIS Act (Tenn. Code Ann. s. 47-25-1101, effective July 1, 2024), the first state law to extend right-of-publicity protections specifically to voice against unauthorized AI simulation. Oklahoma has no comparable AI-specific statute, though its older publicity statutes already list voice as a protected attribute.

For AI voice cloning that falls outside the commercial uses covered by 12 O.S. s. 1449, Oklahomans must rely on federal law. 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 to phones illegal without prior express consent. The FTC may also pursue AI voice fraud under the FTC Act s. 5 and the Telemarketing Sales Rule. The proposed federal NO FAKES Act (S. 4591, 119th Congress) would create a federal right of publicity for voice and likeness against unauthorized AI digital replicas, but it has not passed either chamber as of June 2026 and is not law.

For commercial performers, entertainers, and public figures in Oklahoma, 12 O.S. s. 1449 provides a civil remedy when a cloned voice or likeness is used commercially, but the absence of an AI-specific voice-cloning law still leaves a gap for non-commercial deepfakes that only a future legislature can close.

Federal Law That Applies in Oklahoma

Federal law provides a floor of protection for Oklahoma residents that applies regardless of state-law gaps.

The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the first federal intimate-deepfake law. It creates a federal crime for knowingly publishing nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated deepfakes (defined as "digital forgeries"). Penalties reach up to two years in prison, or three years when minors are involved. Platforms must remove flagged content within 48 hours of victim notice (compliance deadline May 19, 2026 (now in effect)), enforced by the FTC. This federal law supplements Oklahoma's state-law coverage and applies in cases where state jurisdiction is unclear or the conduct involves interstate platforms.

The DEFIANCE Act (S. 1837, 119th Congress), which would create a federal civil cause of action for victims of sexual deepfakes with liquidated damages of $150,000 (or $250,000 if the conduct involved actual or attempted sexual assault, stalking, or harassment), is still pending as of June 2026. The 118th Congress version passed the Senate in July 2024 but died in the House. The 119th Congress reintroduction passed the Senate by unanimous consent on January 13, 2026, and is now pending in the House. It is not yet law. For more on the DEFIANCE Act's status, see DEFIANCE Act: Deepfake Porn Victims' Right to Sue.

Federal CSAM law under 18 U.S.C. s. 2256(8)(B) independently covers AI-generated images indistinguishable from a real minor, with no First Amendment defense for such material after the PROTECT Act (2003). The FCC's AI-robocall ruling (FCC 24-17) makes AI voice-clone robocalls illegal nationwide.

What Victims Can Do

If you are a victim of a nonconsensual AI-generated sexual image in Oklahoma, several avenues are available.

On the criminal side, you can report the conduct to local law enforcement or the district attorney's office. The offense under 21 O.S. s. 1040.13b is prosecuted as a misdemeanor in the first instance unless the escalation factors (financial gain or volume) apply. Law enforcement can seek a court order requiring the defendant to remove the content.

On the federal side, the TAKE IT DOWN Act's 48-hour platform-removal obligation means you can submit a notice directly to the platform hosting the content. The FTC enforces platform compliance. The Act's criminal provisions also allow a separate federal prosecution independent of state charges.

Oklahoma's NCII statute does not explicitly provide a private civil cause of action for damages. Victims may pursue civil claims under related theories such as intentional infliction of emotional distress, defamation, or false light, but these are general tort claims and not deepfake-specific remedies. An attorney licensed in Oklahoma can advise on whether the specific facts support a civil claim.

For guidance on recording-law protections more broadly, see Oklahoma Recording Laws and Oklahoma Data Privacy Laws.

Penalties at a Glance

The 10-year figures above are the maximums HB 1364 enacted, effective November 1, 2025. A second 2025 amendment effective January 1, 2026 (HB 2104, Laws 2025, c. 486, s. 399) reclassifies those two felony tiers as Class D1 offenses sentenced under 21 O.S. s. 20N, where the maximum is five years absent qualifying prior convictions. Both versions currently appear in the official Oklahoma Statutes.

Disclaimer: This article provides general legal information about Oklahoma deepfake and AI laws as of June 2026. It is not legal advice and does not create an attorney-client relationship. Laws in this area change rapidly. Consult an attorney licensed in Oklahoma for advice about your specific situation.

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

More Oklahoma Laws

• Oklahoma AI Meeting Recording Laws
• Oklahoma Data Privacy Laws
• Oklahoma Recording Laws
• Oklahoma Sexting Laws

Frequently Asked Questions

Is it illegal to make a deepfake of someone in Oklahoma?

Oklahoma law under 21 O.S. s. 1040.13b targets the dissemination of AI-generated sexual images without consent, not the act of creation alone. Creating a sexual deepfake of an identifiable person without sharing it is not expressly prohibited by the NCII statute, but disseminating it is a criminal offense under HB 1364 (eff. Nov. 1, 2025). AI-generated CSAM of minors is prohibited at all stages under 21 O.S. s. 1021.2.

Is deepfake porn a crime in Oklahoma?

Yes. Since November 1, 2025, disseminating an artificially generated sexual depiction of an identifiable person without their consent and with intent or reckless disregard to cause harm is a misdemeanor under 21 O.S. s. 1040.13b. The offense escalates to a felony if financial gain is involved or if the offender disseminates three or more images or artificially generated sexual depictions within a six-month period. A second 2025 amendment effective January 1, 2026 rewrote the same section's felony tiers as Class D1 offenses sentenced under 21 O.S. s. 20N, and both versions currently appear in the official statutes.

Can I sue someone for a deepfake in Oklahoma?

Oklahoma's NCII statute does not create an explicit private right of action for damages. Victims may pursue civil claims under general tort theories such as intentional infliction of emotional distress or defamation. At the federal level, the TAKE IT DOWN Act provides a criminal remedy and a platform-removal mechanism. The proposed DEFIANCE Act, which would create a federal civil right of action with $150,000 in liquidated damages, passed the Senate in January 2026 but remains pending in the House as of June 2026.

Are AI voice clones illegal in Oklahoma?

Oklahoma has no dedicated AI voice-cloning statute, but its right-of-publicity laws (12 O.S. ss. 1448-1449) make unauthorized commercial use of a person's voice or likeness civilly actionable. HB 3453 (2024), which would have created AI-related rights, did not pass the Senate. At the federal level, the FCC ruled that AI-generated voices in robocalls violate the TCPA (FCC 24-17), and the FTC can pursue AI voice fraud under the FTC Act. The proposed federal NO FAKES Act would create a right of publicity for voice against AI digital replicas, but it has not passed Congress.

Does Oklahoma have an election deepfake law?

No. As of June 2026, Oklahoma has not enacted a statute specifically prohibiting AI-generated deepfakes in political advertising or requiring disclosure of AI-generated campaign content. At least 20 other states have enacted such laws. Oklahoma candidates and voters must rely on general election-fraud statutes, which were not designed for AI-generated media.

What is the penalty for sharing an AI-generated nude image of someone in Oklahoma?

Under 21 O.S. s. 1040.13b (as amended by HB 1364, eff. Nov. 1, 2025), the base penalty is a misdemeanor: up to one year in county jail, a fine of up to $1,000, or both. The offense becomes a felony (up to 5 years) if the offender obtained or sought financial gain from the dissemination. Disseminating three or more images or artificially generated sexual depictions within six months is a separate felony that HB 1364 capped at 10 years. A second 2025 amendment effective January 1, 2026 reclassifies both felony tiers as Class D1 offenses sentenced under 21 O.S. s. 20N, where the maximum is five years without qualifying prior convictions, so the applicable range depends on which version governs the conduct.

Does the federal TAKE IT DOWN Act apply in Oklahoma?

Yes. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is a federal law that applies in every state, including Oklahoma. It criminalizes knowingly publishing nonconsensual intimate visual depictions including AI deepfakes, with penalties up to 2 years (3 for minors). Platforms must remove flagged content within 48 hours of victim notice. The Act supplements Oklahoma state law and applies independently of it.

Is AI-generated child pornography illegal in Oklahoma?

Yes. HB 3642 (eff. Nov. 1, 2024) updated 21 O.S. s. 1024.1 to define child pornography to include computer-generated and altered images that appear to depict a child in sexually explicit conduct. Possession, distribution, or manufacture under 21 O.S. s. 1021.2 is a felony punishable by up to 20 years and a $25,000 fine with no deferred sentence. Federal law under 18 U.S.C. s. 2256 also independently covers such material.