When it comes to deepfakes and non-consensual intimate images, the law you can use depends heavily on where you are. There is now a federal floor, but state laws differ a lot in what they cover and what remedies they give. Here is how to think about the patchwork.
The federal floor
Everyone is now covered by the federal TAKE IT DOWN Act, which criminalizes non-consensual intimate images (including AI deepfakes) and requires platforms to remove them within 48 hours of a valid request. That gives every victim, in every state, a baseline criminal law and a fast takedown route. State law then adds to it.
How states differ
State laws vary along several lines:
Criminal, civil, or both.Most states criminalize non-consensual intimate images (“revenge porn”). A smaller but growing number also give victims a civil right to sue for damages.
Whether deepfakes are covered. Some state statutes were written for real photos and may not clearly reach AI-generated fakes, while a growing number have been updated to explicitly cover deepfakes and “digitally created” images.
Election and other deepfakes. Several states separately regulate deepfakes in political ads or non-sexual impersonation, which is a different track from intimate-image law.
Penalties and deadlines. Criminal grades, damages, and filing deadlines (statutes of limitations) differ by state.
Do not assume — verify your state
Because coverage is uneven and changing, do not assume your state does (or does not) cover deepfakes specifically. The safest approach is to confirm your current state law before relying on it. You can look up your state’s non-consensual-image and deepfake statutes, or ask your state Attorney General’s office, which often has a victim-resources page. The federal TAKE IT DOWN Act is available regardless of what your state provides.
If your state’s law seems weak
Even where a state statute is narrow or unclear on deepfakes, you often still have options: the federal law, plus common-law civil claims like defamation, false light, invasion of privacy, and misappropriation of likeness that do not depend on a special deepfake statute. An attorney can identify the strongest combination for your facts.
This is general information, not legal advice, and it does not claim to describe every state’s law. Statutes vary and change frequently. Confirm your state’s current law and consult a licensed attorney about your situation.
Frequently asked questions
Do all states have deepfake laws?
Most states criminalize non-consensual intimate images, but coverage of AI deepfakes specifically is uneven — some statutes were written for real photos, while a growing number now explicitly cover deepfakes. Confirm your state’s current law.
Is there a federal deepfake law?
Yes. The TAKE IT DOWN Act provides a federal floor: it criminalizes non-consensual intimate images including AI deepfakes and requires 48-hour platform takedowns, no matter which state you are in.
Can I sue in my state for a deepfake?
It depends. A growing number of states give victims a civil right to sue, and even where the specific statute is narrow, common-law claims like defamation, false light, and misappropriation may apply. Check your state’s law with a lawyer.
How do I find my state’s deepfake law?
Look up your state’s non-consensual-image and deepfake statutes, or contact your state Attorney General’s office, which often maintains a victim-resources page. The federal TAKE IT DOWN Act applies regardless.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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