Federal Law: The TAKE IT DOWN Act

Yes, creating or distributing non-consensual intimate deepfakes is now a federal crime under the TAKE IT DOWN Act (47 U.S.C. § 223a), signed into law in 2026. The statute covers any visual depiction of an identifiable individual in a sexually explicit context that was produced or distributed without consent, including AI-generated and synthetically altered imagery. Criminal penalties include fines and imprisonment.

What Specifically Is Covered

The Act covers: AI-generated nude imagery using a real person's likeness, face-swap videos placing a person in sexually explicit scenarios, "nudify" app outputs depicting a real individual, and digitally altered authentic photographs. It does not require that the victim possess any explicit photographs of themselves, the existence of a synthetic depiction alone is sufficient.

State Laws

As of 2026, 49 U.S. states have enacted state-level NCII legislation that supplements federal law. Many provide civil remedies in addition to criminal penalties, allowing victims to sue perpetrators and platforms for damages. Several states impose strict liability on platforms that fail to act on valid takedown notices.

Your Rights as a Victim

You have the right to demand removal within 48 hours under federal law. You can file an FTC complaint if a platform fails to comply. You can pursue civil action in most states. ScanErase detects deepfakes of your likeness and gives you what you need to file legal compliance notices yourself, including for FTC escalation against non-compliant platforms.