Updated: September 3, 2026 · Docs · Clothoff AI Editorial Team
Which US states have deepfake laws?
A glossary entry on the patchwork of state statutes covering AI-generated intimate images, checked on each legislature’s site.
Educational glossary entry by a review publisher; not legal advice.
Which state statutes did we verify?
State deepfake law is the body of statutes enacted by individual US states that criminalize or create civil liability for creating or sharing sexually explicit images of a real person made or altered with software. Virginia enacted the first in 2019; Public Citizen’s tracker listed enacted intimate-deepfake laws in 48 states as of September 3, 2026.
The table lists only statutes whose text we read on official state sites; the tracker below covers every state.
| Law | Effective date | What it covers | Penalty | Source |
|---|---|---|---|---|
| Virginia Code §18.2-386.2 | July 1, 2019; amended 2024 | Dissemination of an intimate image “created by any means whatsoever” | Class 1 misdemeanor | Virginia Law |
| California Civil Code §1708.86 | January 1, 2020 (AB 602) | Civil action over sexually explicit “digitization” | Statutory damages $1,500 to $30,000; up to $150,000 for malice | California Legislative Information |
| New York Penal Law §245.15 | Amended 2023 (S1042A) | Intimate image “created or altered by digitization” | Class A misdemeanor | NY Senate |
| Minnesota Statutes §617.262 | August 1, 2023 (HF 1370) | Nonconsensual dissemination of a sexual “deep fake” | Gross misdemeanor; aggravated up to 3 years or $5,000 | MN Revisor |
| Florida Statutes §836.13 | 2022 amendment | Promotion of an “altered sexual depiction” without consent | Third-degree felony | Florida Legislature |
| Washington RCW 9A.86.010 | June 6, 2024 (HB 1999) | Intimate images, including fabricated depictions | Gross misdemeanor; felony in aggravated cases | WA Legislature |
| Illinois 740 ILCS 190 | January 1, 2020; amended 2024 (HB 2123) | Civil remedy for private sexual images, including digitally altered | Economic, non-economic and punitive damages | Illinois General Assembly |
How many states have acted?
Public Citizen’s tracker, checked on September 3, 2026, lists enacted intimate-deepfake legislation in 48 states, with the remaining two at the bill stage. The wave began in 2019 and peaked in 2024, when MultiState counted 22 states passing 29 laws.
The statutes differ in structure: some amend an existing revenge-porn offense to add digitally created images; others create a civil action or a felony. Penalties range from misdemeanor to multi-year prison terms.
How do state laws interact with federal law?
The TAKE IT DOWN Act of 2025 added a federal offense and a platform removal duty without preempting state law. A person who generates and shares a sexual deepfake can face state prosecution, a state civil suit and a federal charge for the same act.
State civil remedies matter because the federal DEFIANCE Act is still pending. Where a state offers statutory damages, victims sue without proving a loss; our legality overview explains the steps.
What does this mean for undress-app users?
Every tool in our catalog is reviewed under one rule: only your own photos or those of consenting adults 18 or older. Applying a tool to a real person without consent is an offense in nearly every state; impersonation services are excluded under the acceptable use policy.
Reviews also record whether a provider states a consent rule and offers a removal route, because many statutes reach the creator of the image, not only the sharer. The NCII entry describes the harm.
“Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress”
— Virginia Code §18.2-386.2, accessed September 3, 2026
Consent Note
This site is a publisher: it reviews third-party tools and does not create, edit, accept or store images. Docs entries are general information, not legal advice.
Sources
All sources accessed on September 3, 2026; educational entry, not legal advice.
- Public Citizen – Tracker: state legislation on intimate deepfakes
- Virginia Code §18.2-386.2 – Unlawful dissemination or sale of images of another
- California Civil Code §1708.86 – Sexually explicit digitization
- New York Penal Law §245.15 – Unlawful dissemination of an intimate image
- Minnesota Statutes §617.262 – Nonconsensual dissemination of a deep fake
- MultiState – Nonconsensual deepfake laws overview
FAQ: State deepfake laws
Which state passed the first deepfake law?
Virginia. Its 2019 amendment to Code §18.2-386.2 extended the unlawful-dissemination offense to images created by any means whatsoever, which covers synthetic images. California followed the same year with a civil action in Civil Code §1708.86; most other states acted from 2023 onward.
Are sexual deepfakes illegal in every state?
Nearly. As of September 3, 2026, Public Citizen’s tracker lists enacted laws in 48 states, with bills pending in the remaining two. Federal law applies everywhere through the TAKE IT DOWN Act, so the absence of a state statute no longer means the conduct is lawful.
Do state laws cover creation or only sharing?
It varies. Many statutes punish dissemination or promotion, while some also address creation with intent to distribute. Civil statutes usually let the depicted person sue anyone who creates or discloses the image, so both steps can carry liability under the same law.
Can I sue under state law for a deepfake?
In states with a civil statute, yes, and statutory damages mean no dollar loss must be proven. California allows $1,500 to $30,000 per case and up to $150,000 for malice. Elsewhere the route is a criminal complaint plus common-law privacy claims.
Does a disclaimer or “parody” label help?
Rarely. Several statutes state that a label indicating the image is not authentic does not remove liability, and the federal TAKE IT DOWN Act says the same. Consent of the depicted adult is the defense that matters, not artistic intent or a parody claim.
How current is this table?
Each statute in the table was read on the official state legislature site on September 3, 2026. State law moves quickly, so effective dates and penalties should be rechecked against the linked source before relying on them; the tracker gives the full list.