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

Tennessee leads the nation on deepfake regulation. The state has enacted laws covering all three major buckets: nonconsensual intimate deepfakes (a felony since July 2025), AI voice cloning and digital likeness (the landmark ELVIS Act, July 2024), and election deepfake disclosures (effective July 2026). No other state has moved as comprehensively, or as fast.

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

Yes, in most circumstances. Tennessee has enacted distinct laws covering each major category of harmful deepfake: sexually explicit images, AI voice cloning, and now political advertising. The gaps that existed before 2024 have largely been closed by rapid legislative action.

What is NOT covered by a specific Tennessee statute: non-intimate, non-commercial deepfakes made for satire, commentary, or artistic expression. A clearly labeled parody video of a politician that does not use intimate imagery and complies with the new election-disclosure rules is not a crime under current Tennessee law. That said, defamation and false light claims under common law may still apply.

The three buckets and the laws that govern them:

• Sexual and intimate deepfakes: The Preventing Deepfake Images Act (2025) is the primary statute. The older unlawful exposure law (39-17-318) still applies to non-AI nonconsensual images.
• Election and political deepfakes: New disclosure law (Pub. Ch. 625) takes effect July 1, 2026; until then there is no criminal election-deepfake statute in Tennessee.
• AI voice cloning and digital likeness: The ELVIS Act (2024) is the most comprehensive state law of its kind in the country.

Sexual and Intimate Deepfakes

Tennessee makes nonconsensual intimate deepfakes a felony. The Preventing Deepfake Images Act (HB 1299/SB 1346, 114th General Assembly, Public Chapter 466) was signed May 15, 2025 and took effect July 1, 2025. It is codified at Tenn. Code Ann. 39-17-1901 through 39-17-1906.

The law covers intentional disclosure of an "intimate digital depiction" without the subject's consent when made with intent to harass, annoy, threaten, alarm, or cause substantial harm to the person's finances or reputation, or with knowledge or reckless disregard that it will cause physical, emotional, reputational, or economic harm. Importantly, prior consent to creating an image does not constitute consent to sharing it, and any valid consent requires a written agreement in plain language.

Penalties under the Preventing Deepfake Images Act:

• Class E felony (base offense): 1 to 6 years imprisonment, fine up to $3,000.
• Class C felony (aggravated): 3 to 15 years imprisonment, fine up to $10,000, when the disclosure could reasonably affect a government proceeding or facilitate violence.
• Civil remedies: Victims may recover the defendant's monetary gains, actual damages for emotional distress, liquidated damages of $150,000, or punitive damages, plus attorney's fees and litigation costs. Injunctive relief is also available.

The older statute, Tenn. Code Ann. 39-17-318 (unlawful exposure), still applies to nonconsensual intimate images that are not AI-generated. That offense is a Class A misdemeanor (up to 11 months, 29 days in jail and a fine up to $2,500). The 2025 law's felony tier now governs deepfakes and AI-generated intimate images. A 2026 amendment to 39-17-318 (SB 2041, Public Chapter 712, signed April 14, 2026, eff. July 1, 2026) also adds a civil cause of action for real nonconsensual intimate images, with the same $150,000 liquidated-damages structure available for deepfakes.

AI-generated child sexual abuse material is expressly covered under Tenn. Code Ann. 39-17-1003 et seq. A 2024 amendment (HB 2163, Public Chapter 911, eff. July 1, 2024) amended the definition of covered material in 39-17-1002 to include any computer image or computer-generated image, "including an image created, adapted, or modified by artificial intelligence", closing any ambiguity about synthetic CSAM. Federal law under 18 U.S.C. 2256(8)(B) also covers AI-generated CSAM indistinguishable from a real minor, regardless of whether any actual child was involved.

The federal TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) supplements Tennessee law. Platforms must remove intimate deepfakes flagged by victims within 48 hours. This federal right exists independently of whether the creator is prosecuted under state law.

Election and Political Deepfakes

Tennessee now has a deepfake election law, but it is not yet in force. HB 1513/SB 1624, the Transparency for Deepfakes in Political Advertising Act (Public Chapter 625), was signed by Governor Lee on March 26, 2026 and takes effect July 1, 2026. It amends Tenn. Code Ann. Title 2, Chapter 19.

The law requires political advertisements to include a clear disclaimer whenever they contain deepfake elements that impersonate a candidate or depict a candidate saying or doing something the candidate did not actually say or do. A violation is a Class C misdemeanor. Candidates may also seek civil damages and equitable relief. One important limit: when the impersonated candidate is not an incumbent office holder, the disclaimer requirement applies only to communications distributed within 120 days of the initiation of voting in an election where that candidate appears on the ballot. Incumbents are covered at all times.

Until July 1, 2026, there is no criminal statute in Tennessee specifically targeting deepfakes in elections. After that date, the disclosure requirement applies. Note that the law targets false attribution in paid advertising, not all political speech, so clearly labeled satire falls outside its scope.

First Amendment scrutiny remains a live risk for election-deepfake laws nationwide. A California election-deepfake law was enjoined in August 2025 on First Amendment grounds. Tennessee's disclaimer approach (requiring disclosure rather than outright banning content) is generally on stronger constitutional footing than outright prohibitions, but litigation is possible.

AI Voice Cloning and Digital Likeness

This is where Tennessee stands alone. The Ensuring Likeness, Voice, and Image Security (ELVIS) Act, codified at Tenn. Code Ann. 47-25-1101 et seq. (Public Chapter 588), took effect July 1, 2024. It was signed by Governor Lee on March 21, 2024, making Tennessee the first state in the country to extend right-of-publicity protection expressly to AI-cloned voices.

The voice definition is deliberately broad and technology-neutral: "a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual." This means an AI-generated voice that sounds like a specific person, even if no actual recording of that person was used, is covered.

Tool and platform liability sets the ELVIS Act apart from most right-of-publicity laws. Under 47-25-1105, liability extends not only to the direct infringer but also to anyone who "distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device" whose "primary purpose or function" is "the production of a particular, identifiable individual's photograph, voice, or likeness" without authorization. A company selling voice-cloning software targeted at replicating specific celebrities faces direct liability under this provision.

Civil remedies under 47-25-1106 include: injunctive relief, impoundment or destruction of infringing materials, and actual damages plus any additional profits attributable to the infringement. Attorney's fees are not generally available; the statute awards treble damages plus reasonable attorney's fees only when the victim is a member of the armed forces. These remedies are cumulative with any other remedies provided by law.

Criminal exposure exists under 47-25-1105(b): knowing unauthorized use is also a Class A misdemeanor, carrying up to 11 months, 29 days in jail and fines up to $2,500. For commercial-scale exploitation, prosecutors may stack charges.

Fair-use exemptions under 47-25-1107 limit the law's reach. To the extent the use is protected by the First Amendment, it is a fair use to employ a name, photograph, voice, or likeness in news, public affairs, or sports coverage; for comment, criticism, scholarship, satire, or parody; in a fleeting or incidental way; or to represent an individual as themselves in an audiovisual work, unless the work creates the false impression that it is an authentic recording in which the individual participated.

Postmortem protection is built in: the right is a descendible property right that lasts at least 10 years after death and continues for as long as the name, photograph, voice, or likeness stays in commercial use. Under 47-25-1104, the exclusive right ends only after two years of commercial non-use following that initial 10-year period, which is how the Presley estate's rights have endured for decades.

The ELVIS Act is the national archetype for voice-clone legislation. The proposed federal NO FAKES Act (S.1367, 119th Congress) draws heavily on Tennessee's framework. Other states considering voice-cloning bills look to Tennessee as the model. For a broader look at how Tennessee regulates AI generally, see Tennessee AI Laws.

Federal Law That Applies in Tennessee

Federal law layers on top of Tennessee's state statutes and fills gaps where Tennessee has no specific law.

TAKE IT DOWN Act (Public Law 119-12): Signed May 19, 2025 as the first federal intimate-deepfake law. It is a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated "digital forgeries." Penalties reach 2 years in prison (3 years for content involving minors). Platforms must remove flagged content within 48 hours of a victim's notice; the FTC enforces the removal obligation.

DEFIANCE Act (S.1837, 119th Congress): This bill is pending, not law. It would create a federal civil cause of action for intimate deepfake victims, with liquidated damages of $150,000, rising to $250,000 where the conduct involved actual or attempted sexual assault, stalking, or harassment. The Senate passed S.1837 by unanimous consent on January 13, 2026, but the bill is still awaiting action in the House.

NO FAKES Act (S.1367, 119th Congress): PROPOSED ONLY. Would create a federal right of publicity for voice and likeness against unauthorized AI digital replicas, modeled on the ELVIS Act. It has not passed either chamber.

FCC AI-robocall ruling (FCC 24-17, Feb. 2024): AI-generated voices in robocalls are "artificial voices" under the Telephone Consumer Protection Act, 47 U.S.C. 227. Unsolicited AI-voice robocalls to phones are illegal without prior express consent. This ruling was triggered in part by the fake-Biden New Hampshire primary robocall.

Federal CSAM law: 18 U.S.C. 2256(8)(B) (PROTECT Act 2003) covers computer-generated images indistinguishable from real minors. This applies regardless of whether any actual child was involved, and regardless of state law coverage.

FTC Impersonation Rule (16 CFR Part 461): Prohibits deceptive impersonation of government entities and businesses, including via AI voice cloning. The individual-impersonation extension remains an unfinalized proposed rulemaking as of mid-2026.

What Victims Can Do

If you are a victim of a deepfake in Tennessee, several avenues are available depending on the type of content.

For intimate deepfakes: File a report with local law enforcement under the Preventing Deepfake Images Act (Class E felony) or the TAKE IT DOWN Act (federal). Simultaneously pursue civil claims under the 2025 law's $150,000 liquidated-damages provision. Send a TAKE IT DOWN notice directly to the hosting platform demanding removal within 48 hours.

For voice cloning and likeness misuse: File a civil action under the ELVIS Act (47-25-1105). Seek an emergency injunction to stop ongoing distribution. The tool-liability provision means you can sue the platform or software provider if their product's primary purpose was producing unauthorized replicas.

For election deepfakes (after July 1, 2026): Report violations of the disclaimer requirement to local law enforcement or your district attorney general, since a violation is a criminal offense. Candidates may file civil suits for damages and equitable relief directly.

For CSAM: Report immediately to the National Center for Missing and Exploited Children (NCMEC) CyberTipline (cybertipline.org), which relays reports to the FBI and state law enforcement.

Platform takedown: Under the TAKE IT DOWN Act, platforms must remove intimate deepfakes within 48 hours of a verified victim notice. Major platforms also maintain their own content-moderation processes for policy violations independent of legal requirements.

Consult a Tennessee attorney for advice specific to your situation, especially before filing civil claims. Statutes of limitations apply.

Penalties at a Glance

Disclaimer: This article provides general legal information about Tennessee deepfake and AI voice cloning 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 a licensed Tennessee attorney for guidance specific to your situation.

More Tennessee Laws

• Tennessee AI Meeting Recording Laws
• Tennessee Alimony Laws
• Tennessee At-Will Employment Laws
• Tennessee Car Accident Laws
• Tennessee Car Seat Laws
• Tennessee Child Custody Laws
• Tennessee Child Support Laws
• Tennessee Common Law Marriage Laws
• Tennessee Data Privacy Laws
• Tennessee Divorce Laws
• Tennessee Dog Bite Laws
• Tennessee Emancipation Laws
• Tennessee Expungement Laws
• Tennessee Hit and Run Laws
• Tennessee Landlord-Tenant Laws
• Tennessee Lemon Laws

Sources

See the citations listed below for the primary sources used in this article, including the official Tennessee legislative record, federal statutes, and FCC and FTC regulatory materials.

For related state law coverage, see Tennessee Recording Laws and Tennessee Data Privacy Laws. The Deepfake and AI Voice Cloning Laws by State hub provides a full 50-state comparison.