Fifteen states have passed laws criminalizing the creation and distribution of non-consensual AI deepfakes, with penalties ranging from misdemeanors to felonies depending on intent and harm caused.
State Laws Overview
- California: felony for sexual deepfakes, $150K fine
- Texas: criminal offense for election deepfakes
- New York: civil and criminal liability
- Virginia: first state to criminalize deepfake porn (2019)
Federal legislation is pending but faces free speech challenges. Current laws primarily target sexual deepfakes and election interference, leaving gaps in business fraud and identity theft using synthetic media.
