Celebrity Deepfake Laws by State 2026: 15 States Compared

**NO FAKES Act**: federal legislation creating civil remedies for non-consensual digital likeness use including AI-generated content. Multiple committee markups 2024-2025; Senate version passed 2025; House passage and presidential signature pending as of early 2026.

Key provisions: federal civil remedy for non-consensual deepfakes, statutory damages, takedown procedures across platforms, applies to all jurisdictions when enacted.

Status 2026: not yet enacted but momentum substantial. Likely enactment 2026-2027.

**1. Tennessee ELVIS Act (July 2024)**: first state criminal law specifically for AI deepfakes. Criminal penalties for unauthorized AI-generated voice or likeness use. Significant for music industry given Tennessee's music industry concentration.

**2. California SB 815 (effective January 2025)**: civil and criminal remedies for non-consensual deepfakes. Particularly comprehensive for adult content. California's strong tech industry concentration makes this law operationally significant.

**3. New York deepfake legislation (passed 2024-2025)**: criminal penalties for non-consensual deepfake distribution. Particularly addresses sexual deepfake content.

**4. Texas deepfake legislation (2024)**: criminal penalties focused on non-consensual sexual deepfake distribution.

**5. Florida deepfake legislation (2024-2025)**: civil and criminal remedies for non-consensual deepfakes.

**6. Illinois deepfake legislation (2024-2025)**: civil remedies and platform takedown procedures.

**7-10**: Various states with deepfake legislation passed 2024-2025: Virginia, Washington, Oregon, Massachusetts, others. Each addresses non-consensual deepfakes through state-specific framework.

General pattern: criminal penalties for non-consensual sexual deepfakes are widespread; civil remedies for likeness use are increasingly common; platform takedown procedures are most variable across states.

**11-15**: States with limited deepfake legislation include several Southern and Midwestern states without dedicated deepfake laws as of 2026. These states rely on existing frameworks (defamation law, right of publicity in some states, federal copyright in some cases).

Without dedicated deepfake legislation, victims face substantial obstacles. Existing legal frameworks generally weren't designed for AI-generated content and have application gaps. Federal NO FAKES Act passage would address this gap when enacted.

**For deepfake victims**: legal remedies vary substantially by jurisdiction. Strong state laws (CA, TN, NY) provide concrete remedies; weaker jurisdictions provide limited recourse. Federal NO FAKES Act when enacted will provide consistent floor.

**For content creators**: stay clearly within consensual likeness use. Avoid generating content depicting recognizable real people without explicit consent. Avoid distributing or possessing non-consensual deepfakes.

**For platforms**: takedown procedures increasingly required. Compliance varies; major platforms (Meta, Google, X, etc.) have generally implemented takedown procedures consistent with major state laws.