Deepfake Laws by State: The Complete 50-State Table (2026)

There is no single national "deepfake law." There are dozens of state statutes, layered on top of a growing federal floor. This page collects deepfake laws by state into one reference table so journalists, researchers, and people checking their own state can see, at a glance, what each state regulates and where to find the official statute.

Disclaimer: This page is general legal information, not legal advice. Deepfake laws change quickly, definitions vary, and how a statute applies depends on your specific facts and your state. Statute names and citations can change between legislative sessions. If you are facing a real situation, consult a licensed attorney in your jurisdiction. Verify any statute below against the official source before relying on it.

There is no single national "deepfake law." There are dozens of state statutes, layered on top of a growing federal floor. This page collects deepfake laws by state into one reference table so journalists, researchers, and people checking their own state can see, at a glance, what each state regulates and where to find the official statute.

Quick answer: As of June 2026, nearly every US state regulates deepfakes in some form. Most state deepfake laws target non-consensual intimate images (NCII) or deceptive election content, and a smaller group covers fraud and likeness rights. Penalties, private lawsuit rights, and definitions differ widely from state to state, and federal law now sets a baseline for intimate-image deepfakes nationwide.

How to Use This Deepfake Laws Table

This table tracks four categories of deepfake regulation per state, plus enforcement details. Here is what each column means.

• State: Click the state name or jump using the anchor (for example, #california, #texas, #new-york) to find your state fast.
• NCII deepfake law: Whether the state has a statute specifically reaching non-consensual intimate-image deepfakes (sexual or nude synthetic media of a real person). "Yes" links to the enacting bill or code section on the official legislature site.
• Election deepfake law: Whether the state regulates deceptive synthetic media in political or election communications (often a disclosure requirement or a pre-election window).
• Fraud / likeness law: Whether the state has a deepfake-specific fraud, impersonation, or right-of-publicity/voice-likeness provision beyond NCII and elections. General fraud statutes apply everywhere and are not counted here.
• Penalty: The general criminal classification where one applies (misdemeanor or felony), summarized. Exact grading depends on the offense and facts.
• Private right of action: Whether the law lets the victim sue for civil damages, in addition to or instead of criminal enforcement.
• Effective date / citation: The enacting bill and, where known, the effective date.
• Notes: Caveats, litigation, or scope limits.

A cell marked **** means we have not confirmed that specific cell against the official statute at the depth this page requires, and it must be checked before you cite it. We mark rather than guess. For citation, link this page for the overview and cite the underlying statute (linked in the table) for the specific claim.

Deepfake Laws by State: The 50-State Table

State counts as of June 2026: roughly 45 states have an enacted NCII deepfake statute (per Public Citizen's intimate-deepfakes tracker), and 30 states have an enacted election deepfake law (per Public Citizen's election-deepfakes tracker). Re-verify both counts at publish. The NCII column below is sourced to Public Citizen and linked to each state's official bill page. Election and fraud/likeness cells are confirmed where noted and marked where a per-statute confirmation is still pending.

Source for the NCII column: Public Citizen, Tracker: State Legislation on Intimate Deepfakes (last modified June 2026), with bills linked to official legislature pages. Election counts: Public Citizen, Tracker: State Legislation on Deepfakes in Elections. Cross-reference NCSL's AI legislation tracking at publish.

What State Deepfake Laws Cover

State deepfake laws cluster into three main categories. Counts below are as of the June 2026 review date and should be re-verified against NCSL and Public Citizen at publish.

Non-Consensual Intimate Image (NCII) Laws

This is the largest category. Roughly 45 states have enacted a statute specifically reaching non-consensual intimate-image deepfakes, the sexual or nude synthetic media of a real, identifiable person made or shared without consent, per Public Citizen's intimate-deepfakes tracker. Many states built these protections by amending an existing NCII or "revenge porn" statute to cover digitally created or altered images. Virginia did this first in 2019. Coverage, penalties, and whether minors are treated separately vary by state, and a few states (often flagged: Alaska, Missouri, Ohio, and DC) have not enacted a deepfake-specific NCII statute as of this review; confirm their current status before relying on it. Federal law now sets a floor here regardless of state, discussed below.

Election and Political Deepfake Laws

The second-largest category. As of May 2026, 30 states have enacted a law addressing deceptive synthetic media in election communications, with Maryland becoming the 30th, per Public Citizen. California and Texas were first in 2019. Most of these laws require a disclosure or disclaimer on AI-generated political content, or restrict materially deceptive synthetic media within a window before an election, often with exceptions for satire, parody, and news. Some have faced First Amendment challenges (California and Minnesota among them), so an "enacted" law is not always a fully enforceable one. Our election deepfake laws guide covers the structures and litigation in detail.

Fraud, Impersonation, and Likeness Laws

The smallest deepfake-specific category, but the most universal in practice. Every state can already prosecute a deepfake used to commit fraud, theft, extortion, or impersonation under existing statutes; the deepfake is just the method. A growing group of states adds deepfake-specific impersonation or right-of-publicity and voice-likeness provisions. Tennessee's ELVIS Act (Tenn. Code Ann. 47-25-1101 et seq.) is the landmark example, the first state law protecting a person's voice from unauthorized AI replication. New York, California, and Illinois also have digital-replica or publicity provisions; verify exact sections before citing. Most cells in this column are marked because deepfake-specific likeness statutes (as distinct from general fraud law) need per-state confirmation.

States With the Strongest Deepfake Laws

"Strongest" here is criteria-based, not a value judgment: states that regulate more than one category, attach both criminal and civil remedies, and have been tested or widely cited. Verify the specifics at publish.

• California: Among the earliest and broadest, with an NCII deepfake civil action (AB 602) plus election and likeness provisions. Note that an election deepfake measure faced a First Amendment challenge; confirm current enforceable status.
• Tennessee: The ELVIS Act extended right-of-publicity protection to voice against AI replication, the first state to do so, with a civil action.
• Texas: An early mover on both election deepfakes (SB 751, 2019) and, more recently, NCII provisions.
• Washington and Minnesota: Early adopters covering both NCII and election deepfakes (Minnesota's election law has faced litigation).
• Illinois and New York: NCII coverage paired with civil remedies and, in New York's case, digital-replica/publicity provisions.

These designations describe statutory breadth, not the quality or wisdom of any law, and several rest on cells still marked in the table above.

States With Little or No Deepfake Legislation

A handful of states have lagged on deepfake-specific statutes. As of this review, Alaska, Missouri, and Ohio have repeatedly been flagged as not having enacted a deepfake-specific NCII statute (some had bills pass a single chamber without final enactment), and the District of Columbia had a bill introduced but not confirmed enacted. Confirm each of these against the official legislature site at publish, because session activity can change the picture quickly.

Important: even in a state with no deepfake-specific statute, intimate-image deepfakes are not unregulated. The federal TAKE IT DOWN Act now criminalizes non-consensual intimate-image deepfakes nationwide and requires platform takedowns, so the NCII floor applies everywhere regardless of state law. General fraud, extortion, and harassment statutes also apply in every state.

How Federal Law Interacts With State Deepfake Laws

Federal and state deepfake laws stack rather than replace each other, with two important federal pieces as of June 2026.

The TAKE IT DOWN Act, signed May 19, 2025, makes it a federal crime to knowingly publish non-consensual intimate images, explicitly including AI-generated "digital forgeries" of real, identifiable people, per the Congressional Research Service summary on congress.gov. It also requires covered platforms to offer a removal process and take down reported NCII (and known copies) within 48 hours, with the FTC enforcing the platform duties from 2026. This sets a nationwide NCII baseline that applies even in states without their own deepfake statute.

The FCC's 2024 declaratory ruling treats AI-generated voices in robocalls as "artificial" under the Telephone Consumer Protection Act, making voice-cloned robocalls illegal without prior consent. That is a federal rule that gives state attorneys general an enforcement tool.

On preemption: in general, state deepfake laws remain in force alongside these federal measures, and a victim or prosecutor may have options under both. There have been federal proposals to preempt state AI regulation, which would change this picture if enacted; none had displaced state deepfake laws as of this review. For the full federal picture, see our guide on whether deepfakes are illegal.

Pending Deepfake Legislation to Watch

Several developments were active as of June 2026 and are flagged as pending, not enacted. Re-verify all of these at publish.

• More election laws: With 30 states enacted and the 2026 midterms approaching, additional states had election deepfake bills moving; Public Citizen's tracker is the place to watch the count.
• NCII holdouts: Bills in states long flagged as holdouts (for example, Missouri and Ohio) had passed a chamber in recent sessions without final enactment; confirm whether any became law.
• Federal DEFIANCE Act: A federal civil remedy allowing victims to sue over AI-generated non-consensual intimate depictions advanced in Congress; confirm whether it was enacted before describing it as law.
• AI preemption proposals: Federal efforts to preempt state AI regulation remained contested; their fate would directly affect every row in the table above.

FAQ

What states have deepfake laws?

Nearly all of them in some form. Roughly 45 states have an NCII deepfake statute and 30 have an election deepfake law as of June 2026; see the table above for your state and the official citation.

Which state has the strictest deepfake law?

There is no single answer, but by breadth, California, Tennessee (ELVIS Act), Texas, Washington, and Minnesota regulate more than one category and attach civil and criminal remedies. Strictness depends on the specific harm; check the table for your facts.

Are deepfakes illegal in California, Texas, or Florida?

All three regulate deepfakes. California and Texas have NCII and election provisions (with some California election rules facing court challenges), and Florida has NCII provisions. Jump to the California, Texas, or Florida row for the current citation.

Do all states ban deepfake porn?

Most states have an NCII deepfake statute, and the federal TAKE IT DOWN Act now criminalizes non-consensual intimate-image deepfakes nationwide, so this conduct is illegal across the US even where a state lacks its own law. If you are affected, see our deepfake harassment victim resources.

How current is this table?

It was last reviewed in June 2026. Legislative sessions are active and counts move, so every cell needs re-verification against the official statute at publish, and the page is on a standing quarterly review.

Conclusion: Check Your State, Then Document Your Evidence

Deepfake laws by state form a patchwork, not a single rulebook: most states now cover non-consensual intimate images, 30 cover election deception, and a smaller group reaches fraud and likeness, all on top of a federal NCII floor set by the TAKE IT DOWN Act. Use the table to find your state, then click through to the official statute for the language that governs your situation, and talk to a licensed attorney before acting.

If your first question is whether a video, image, or voice clip is even real, you can run a free check (50 detections a month, no card required). A detection report showing media is likely synthetic can support a platform report, a police report, or a civil claim.

This page is general information, not legal advice. Last updated June 2026; statute citations should be re-verified against official sources at publish and on a standing quarterly schedule.

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