Deepfake Discoveries by State

State deepfake and NCII laws vary significantly in scope, findings, and remedies. Some states identify deepfake creation (not just distribution); others focus on distribution; and some provide civil private rights of action in addition to criminal findings. Federal guidelines provide a baseline of discovery, platforms must disclose NCII results without regard to state law, but state criminal prosecutions, civil suits, and restraining orders all operate in parallel. Key state-level variations include: California's AB 602 and AB 730; Texas's Chapter 98A; New York's emerging AI legislation; and Virginia's comprehensive NCII criminal statute.

Key facts about this term

1. Federal guidelines create a national baseline The federal framework applies in all 50 states and supersedes conflicting state platform-liability provisions, while preserving state criminal and civil claims against perpetrators.
2. State laws may provide additional criminal findings Many states identify NCII distribution as a misdemeanor or felony. Some also identify deepfake creation with intent to harm. State discovery is independent of federal action.
3. Your state's law may allow you to pursue the perpetrator directly Most state NCII laws create private rights of action against perpetrators with statutory options. These claims operate alongside federal Section 223a claims against platforms.