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

Wisconsin has enacted three deepfake-specific laws: a 2025 felony for non-consensual synthetic intimate images (2025 Act 34, amending Wis. Stat. s. 942.09), a 2024 disclosure mandate for AI-generated political ads (2023 Act 123, creating s. 11.1303(2m)), and a 2024 felony covering AI-generated child sexual abuse material (2023 Act 224, creating s. 948.125). Voice cloning and AI likeness fall into a legal gap under current Wisconsin law, though federal protections and the right-of-privacy statute provide partial coverage.

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

It depends on the type of deepfake and the intent behind it. Wisconsin law addresses two buckets directly and leaves a third largely uncovered.

On the sexual content side, 2025 Act 34 closes the consent gap that previously covered only real photographs. The law now makes it a Class I felony to post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person when the purpose is to coerce, harass, or intimidate that person. Merely creating such an image without distribution is not separately criminalized, but distribution with the required intent triggers felony exposure.

On the political side, 2023 Act 123 does not ban AI-generated campaign content outright. It requires a clear disclosure label whenever synthetic media appears in political advertising. A campaign ad that uses a deepfaked voice or altered video without that label exposes the responsible committee to a civil forfeiture, not criminal prosecution.

Voice cloning and digital likeness sit in a gap. Wisconsin has no equivalent to Tennessee's ELVIS Act, which extended right-of-publicity protection to AI-simulated voices. The closest state tool is s. 995.50, which covers commercial misappropriation of a person's name, portrait, or picture but does not reach voice. General deepfake content that is not sexual, not electoral, and not a commercial misappropriation of a photograph or portrait is not covered by any current Wisconsin statute.

Sexual and Intimate Deepfakes

Wisconsin's primary weapon against non-consensual intimate deepfakes is Wis. Stat. s. 942.09, as amended by 2025 Act 34. The key new provision, subsection (2)(am)4, targets a person who posts, publishes, distributes, or exhibits a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate. Conviction is a Class I felony, which carries up to 3.5 years in prison and a fine of up to $10,000.

A "synthetic intimate representation" means a realistic depiction created using technology that incorporates an identifiable person's face or likeness to show intimate content, and that a reasonable person would believe depicts actual conduct of that person. The standard is objective realism combined with identifiability, not technical method.

When the victim is under 18, the offense elevates to a Class H felony, which carries up to 6 years in prison. The existing Class A misdemeanor provision in subsection (3m)(a) for non-consensual posting of real private images also upgrades to a Class I felony when a minor is involved.

Wisconsin also covers AI-generated child sexual abuse material at the state level. 2023 Act 224, effective March 29, 2024, created Wis. Stat. s. 948.125, which makes it a Class D felony to produce, possess, receive, distribute, or access obscene material depicting a purported child, including computer-generated and AI-generated images. Federal law adds another layer: 18 U.S.C. s. 2256(8)(B) covers computer-generated images indistinguishable from a real minor, without requiring that a real child be depicted, and applies in every state including Wisconsin.

For adult victims, the federal TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) provides an additional layer. It is a federal crime to knowingly publish non-consensual intimate visual depictions of adults or minors, expressly including AI deepfakes. Platforms must remove flagged content within 48 hours of victim notice.

Election and Political Deepfakes

Wisconsin was among the earlier states to regulate AI in political advertising. Under s. 11.1303(2m), created by 2023 Act 123 and effective March 23, 2024, any political communication containing AI-generated audio or video must carry a disclosure.

For audio-only content, the phrase "Contains content generated by AI" must appear at both the beginning and end of the communication. For video content, the applicable disclosure text ("This video content generated by AI," "This audio content generated by AI," or "This content generated by AI") must be displayed throughout the affected portions in a readable, legible, and readily accessible manner. Intentional violations are subject to a civil forfeiture not to exceed $1,000 for each violation. Broadcasters and carriers are generally not liable unless they function as the responsible committee.

The law does not ban AI-generated political content. It is a transparency measure, not a prohibition. This reflects a deliberate First Amendment choice: courts have grown skeptical of outright bans on political speech even where deepfakes are involved. A California law (AB 2839) that went further by prohibiting certain election deepfakes was struck down and permanently enjoined in August 2025 on First Amendment grounds, illustrating the ongoing constitutional risk for more restrictive approaches.

AI Voice Cloning and Digital Likeness

Wisconsin does not have a statute that explicitly covers AI voice cloning. Tennessee's ELVIS Act (Tenn. Code Ann. s. 47-25-1101 et seq., eff. July 1, 2024) is the national reference point: it extends the right of publicity specifically to an individual's voice, including AI simulations. Wisconsin has not passed a comparable law.

Wis. Stat. s. 995.50(2)(am)2 does create a civil cause of action for the use of a person's name, portrait, or picture for advertising or trade purposes without written consent. A deepfake that places someone's identifiable portrait into a commercial advertisement could fall within this provision. Remedies include injunctive relief, compensatory damages (based on losses or unjust enrichment), and reasonable attorney fees.

For likeness claims, the reach of s. 995.50(2)(am)2 stops there. It does not cover voice alone, the misappropriation prong applies only to advertising or trade uses, and it does not clearly reach purely synthetic likenesses that do not use an actual photograph or portrait of the person. Intimate deepfakes are the exception: s. 995.50(2)(am)4 separately makes any violation of s. 942.09 actionable in a civil suit. Victims of non-commercial voice cloning in Wisconsin must rely on general fraud, harassment, or impersonation statutes, or on federal FTC rules.

Federally, the FTC Impersonation Rule (16 CFR Part 461, eff. April 1, 2024) prohibits AI voice cloning used to impersonate government entities or businesses. The FCC has ruled (FCC 24-17, Feb. 2024) that AI-generated voices in robocalls are "artificial" under the TCPA, making AI voice-clone robocalls without prior express consent illegal nationwide. The proposed 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 current law.

For more on Wisconsin's broader AI regulatory framework, including automated decision-making and AI transparency measures, see Wisconsin AI Laws. That page covers the general AI law landscape; this page focuses specifically on deepfake and voice-clone conduct.

Federal Law That Applies in Wisconsin

Several enacted federal laws apply to deepfake conduct in Wisconsin regardless of what state law covers.

The TAKE IT DOWN Act (Public Law 119-12) is the most significant new layer. Signed May 19, 2025, it is the first federal law specifically criminalizing non-consensual intimate deepfakes. It covers both adults and minors, carries up to 2 years in prison (3 for minors), and imposes a 48-hour platform removal obligation once a victim submits notice. The FTC enforces the platform-removal requirement.

The FCC's February 2024 ruling (FCC 24-17) means AI voice clone calls to phones without prior express consent violate the TCPA. This was triggered by the fake-Biden robocall in the New Hampshire primary and applies to any AI-voice political or commercial robocall.

Federal CSAM law (18 U.S.C. s. 2256(8)(B), enacted via the PROTECT Act 2003) covers computer-generated images that are indistinguishable from a real minor. No actual child needs to have been depicted. In Wisconsin it operates alongside the state's own s. 948.125.

Two high-profile federal bills remain pending and are not yet law. The DEFIANCE Act (S. 1837, 119th Congress) would create a federal civil cause of action for sexual deepfake victims with liquidated damages up to $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. The NO FAKES Act (S. 4591) would create a federal right of publicity for voice and likeness but has not passed either chamber.

For additional context on the DEFIANCE Act's progress, see DEFIANCE Act: Deepfake Porn Victims' Right to Sue.

What Victims Can Do

A Wisconsin victim of a non-consensual intimate deepfake has several routes available under current law.

On the criminal side, victims can report to local law enforcement or the Wisconsin Department of Justice. Under 2025 Act 34, the act of distributing a synthetic intimate image with intent to coerce, harass, or intimidate is a Class I felony. Law enforcement can pursue charges without the victim filing a civil lawsuit.

For platform removal, the TAKE IT DOWN Act's 48-hour removal rule (compliance deadline May 19, 2026) gives victims a direct mechanism to compel takedown from covered platforms by submitting a notice identifying the non-consensual content. The FTC oversees compliance.

On the civil side, s. 995.50(2)(am)4 makes any violation of s. 942.09 an actionable invasion of privacy, regardless of whether a criminal action has been brought. A victim can sue the person who distributed the synthetic image and seek injunctive relief, compensatory damages based on loss or unjust enrichment, and reasonable attorney fees. Separately, s. 995.50(2)(am)2 covers commercial misappropriation of a person's name, portrait, or picture without written consent.

Election deepfake victims or witnesses can report disclosure violations to the Wisconsin Ethics Commission, which handles campaign finance enforcement under Chapter 11. The $1,000-per-violation forfeiture is a civil penalty assessed against the responsible committee.

Consulting a Wisconsin attorney is strongly recommended before pursuing any of these routes, as facts and timing affect which avenue is most effective.

For background on how Wisconsin treats recording and surveillance more broadly, see Wisconsin Recording Laws and Wisconsin Data Privacy Laws.

Penalties at a Glance

Disclaimer: This page provides general legal information about Wisconsin deepfake laws as of June 2026. It is not legal advice and does not create an attorney-client relationship. Deepfake and AI laws are changing rapidly; verify current statutes with a licensed Wisconsin attorney before acting on this information.

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

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