The 2026 federal framework provides comprehensive identification for AI-generated intimate imagery in all 50 states. Additionally, many states have enacted their own deepfake-specific laws that establish state liabilities for creating and distributing non-consensual AI intimate imagery. The scope, classification, and implications of these state laws vary significantly.

States with deepfake-specific intimate image identification laws

California, Texas, Virginia, Georgia, Minnesota, New York, and several other states have enacted statutes specifically addressing AI-generated intimate imagery, alongside general NCII laws. These statutes typically classify creating and distributing non-consensual deepfake intimate images as a serious offense.

Federal baseline

The federal framework provides a baseline that applies in all 50 states regardless of state law. All covered platforms must identify and report AI-generated intimate imagery within a specified timeframe. This federal right exists independently of any state regulations.

Criminal vs. civil aspects

State deepfake laws generally create criminal liabilities for creators and distributors. The federal framework establishes responsibilities for platforms. Victims may leverage state laws for criminal actions and utilize federal reporting options concurrently.

International deepfake identification laws

The European Union's AI Act and various member state laws address deepfake intimate imagery. The UK Online Safety Act covers deepfake NCII. Canada's legislation regarding intimate images includes AI-generated content. ScanErase serves international users within relevant frameworks.

Frequently asked questions

Can the person who created a deepfake of me face consequences?

In states with deepfake-specific laws, creating and distributing non-consensual AI intimate imagery may be subject to prosecution. Federal guidelines currently emphasize platform responsibilities. State criminal laws serve as the primary means for prosecuting creators.

Must I reside in a state with deepfake laws to have rights?

No. The federal framework provides reporting rights against all covered platforms regardless of your state of residence.