Is It Illegal to Make AI Videos of People in 2026?

Making AI videos of real people without their consent is illegal in many circumstances in 2026, and the legal consequences are expanding rapidly. Whether a specific video crosses the line depends on the content, the person depicted, and which state and federal laws apply. Is it illegal to make AI videos of people? The short answer is: often yes, and the law is catching up fast.

Here’s what most people don’t realize: you don’t need to create sexual or defamatory content to face legal trouble. AI videos that use someone’s likeness for commercial purposes, political manipulation, or even satire can trigger lawsuits and, in some states, criminal charges.

Both federal and state laws now target deepfakes and AI-generated video content specifically. The DEFIANCE Act and the No AI FRAUD Act represent the most significant federal legislative moves on this issue.

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This article covers every major legal framework relevant in 2026, broken down by subject, state, and specific type of content, so you can understand exactly where the legal lines are.

Is It Illegal to Make AI Videos of People

Making AI videos of real people without their consent is illegal in a growing number of situations under both federal and state law. There is no blanket federal law that bans all AI-generated videos of individuals, but multiple specific laws target harmful categories of content. The legality depends on the type of video, the intent behind it, and the specific person depicted.

Several categories of AI-generated videos are clearly illegal in 2026:

• Nonconsensual sexually explicit AI videos of any person
• AI videos designed to defame a specific individual
• AI-generated political deepfakes in many states
• AI videos of minors depicting sexual content
• Commercial use of someone’s likeness without their permission

AI-generated videos that are clearly satirical, clearly labeled as synthetic, and non-sexual occupy a legally gray area. Courts have not fully resolved where First Amendment protections end and right-of-publicity or defamation claims begin for AI content.

The pace of legislation on this issue has accelerated significantly since 2023. What was a legal gray area three years ago is now covered by specific statutes in dozens of states and at the federal level.

Is It Illegal to Deepfake Someone

Deepfaking someone is illegal in many US states and can violate multiple federal laws depending on the content and context. A deepfake is an AI-generated video, image, or audio that realistically depicts a real person doing or saying something they did not actually do or say. The term covers face-swap videos, synthetic voice cloning, and fully AI-generated likenesses.

Creating a deepfake of someone is not automatically illegal on its own under a single federal statute. But the content of that deepfake, its intended use, and whether the person consented all determine which legal frameworks apply.

A useful way to think about it: a deepfake is like a tool. A kitchen knife isn’t illegal to own. Using it to harm someone is. An AI video tool isn’t banned. But using it to create sexual content of a real person without their consent, spread election misinformation, or destroy someone’s reputation triggers specific laws that carry real criminal and civil consequences.

• Deepfakes of sexual content without consent: illegal under DEFIANCE Act and state NCII laws
• Deepfakes for fraud or financial deception: illegal under wire fraud and identity theft statutes
• Deepfakes to defame: actionable as defamation in civil court
• Deepfakes for political manipulation: illegal in states with election deepfake laws
• Deepfakes for satire that are clearly labeled: generally protected under the First Amendment

The legal risk is highest when the video is realistic enough that viewers could mistake it for real footage and when it harms the depicted person’s reputation, financial interests, or personal dignity.

Are Deepfakes Illegal in the US

Deepfakes are not universally illegal in the US, but specific types of deepfakes are illegal under federal law and in most states. The US does not have a single comprehensive federal deepfake ban. Instead, a patchwork of laws targeting harassment, election interference, nonconsensual intimate images, fraud, and right of publicity covers the most harmful uses.

As of 2026, the federal laws that most directly address deepfakes include:

• The DEFIANCE Act (2024): targets nonconsensual sexually explicit digital imagery
• The Preventing Deepfakes of Intimate Images Act: also targets NCII deepfakes
• The No AI FRAUD Act: targets unauthorized use of voice and likeness in AI content
• The National Defense Authorization Act (2020 provision): requires watermarking of federally produced deepfake detection content
• Federal wire fraud and identity theft statutes: apply when deepfakes are used in scams

At the state level, over 30 states have passed some form of deepfake-specific legislation as of 2026. The most common categories of state laws cover nonconsensual intimate images, election deepfakes, and right of publicity violations through AI.

The clearest answer: creating a sexually explicit deepfake of any real person without their consent is illegal under federal law and in most states. Creating a deepfake that impersonates someone to defraud them or others is illegal under existing fraud laws. Creating a deepfake to defame someone is actionable as defamation.

Key Takeaway: Deepfakes are not categorically banned in the US, but sexually explicit deepfakes, election deepfakes, and deepfakes used for fraud or commercial exploitation are illegal under federal law and in most states as of 2026.

Federal Deepfake Laws 2026

Federal deepfake laws in 2026 cover three primary areas: nonconsensual intimate images, AI-generated likeness fraud, and election interference. No single comprehensive federal deepfake statute exists, but several targeted laws passed between 2020 and 2024 create meaningful federal legal exposure for specific types of AI-generated content.

The DEFIANCE Act, signed into law in 2024, is the most significant federal deepfake law to date. It creates a federal civil cause of action for victims of nonconsensual sexually explicit AI-generated content. Victims can sue for actual damages, punitive damages, and attorney’s fees.

The No AI FRAUD Act, introduced and advancing through Congress, targets the unauthorized use of someone’s voice or likeness in AI-generated content for commercial purposes. It would create federal right-of-publicity protections that currently exist only at the state level.

Federal criminal charges for deepfake-related conduct typically come through existing fraud, identity theft, or child exploitation statutes rather than deepfake-specific criminal law. That may change as the No AI FRAUD Act and similar bills advance.

Deepfake Laws by State

Over 30 US states have enacted deepfake-specific laws as of 2026, targeting nonconsensual intimate images, election interference, and unauthorized commercial use of likenesses. The depth and breadth of these laws varies significantly by state.

California leads in both the number and breadth of deepfake statutes. California AB 602 (2019) allows victims of nonconsensual sexually explicit deepfakes to sue for damages. California AB 730 (2019) prohibits the distribution of deepfakes of political candidates within 60 days of an election. California AB 2602 (2024) addresses AI-generated replicas in the entertainment industry.

Texas enacted HB 4337, which criminalizes the creation or sharing of deepfake sexual content without consent. Virginia Code 18.2-386.2 makes nonconsensual deepfake pornography a Class 1 misdemeanor, with enhanced penalties for repeat offenses or targeting minors.

States without specific deepfake laws still cover many harmful AI videos through existing harassment, stalking, defamation, and right-of-publicity statutes. The absence of a deepfake-specific law doesn’t mean the conduct is legal.

DEFIANCE Act Deepfake

The DEFIANCE Act, signed into federal law in 2024, creates a federal civil right of action for victims of nonconsensual sexually explicit AI-generated content. DEFIANCE stands for Disrupt Explicit Forged Images and Non-Consensual Edits. It is the first federal law specifically targeting sexually explicit deepfakes.

The Act allows any person depicted in a nonconsensual sexually explicit AI-generated image or video to sue the creator, publisher, or distributor in federal court. Victims can recover actual damages, plus up to $150,000 in additional damages per violation, and attorney’s fees.

The DEFIANCE Act does not require the victim to be a public figure. Any private individual depicted in nonconsensual sexually explicit synthetic media can bring a federal claim. This was a deliberate policy choice: the law was designed to protect everyday people, not just celebrities.

Quick Facts: DEFIANCE Act

• Signed into law: 2024
• Coverage: nonconsensual sexually explicit AI-generated images and video
• Who can sue: any depicted individual, public or private
• Damages available: actual damages, up to $150,000 additional per violation, attorney’s fees
• Who can be sued: creator, publisher, or distributor of the content
• Statute of limitations: 10 years from discovery

The DEFIANCE Act was partly inspired by the Taylor Swift deepfake incident in January 2024, where sexually explicit AI-generated images of the artist circulated across social media platforms before being removed. That case accelerated congressional action significantly.

No AI FRAUD Act

The No AI FRAUD Act is federal legislation designed to create a nationwide right of publicity for individuals’ voices and likenesses in AI-generated content. FRAUD stands for Fostering Responsibility and Accountability for Uses of Artificial Intelligence in Deepfakes. The bill targets the commercial exploitation of AI replicas without the subject’s consent.

The No AI FRAUD Act proposes federal protections that would work alongside state right-of-publicity laws. It would make it unlawful for any person to produce or distribute an AI-generated video, image, or audio that uses an identifiable individual’s voice or likeness without their express written consent for commercial purposes.

Key provisions of the No AI FRAUD Act include:

• Creates an individual property right in one’s own voice and likeness for AI purposes
• Prohibits training AI models on a person’s voice or likeness without consent
• Establishes civil liability for violations with damages recoverable by the individual
• Provides enhanced protections for deceased individuals for 70 years after death
• Does not preempt stronger state laws

The bill has significant support from both entertainment industry unions, including SAG-AFTRA, and digital rights advocates. Opposition has come from some AI developers and First Amendment groups concerned about speech restrictions.

As of 2026, the No AI FRAUD Act is advancing through Congress. Even without final passage, its framework has influenced state-level legislation in Illinois, New York, and Tennessee, where similar likeness protection laws have been enacted.

Key Takeaway: The DEFIANCE Act is already federal law protecting individuals from nonconsensual sexual deepfakes. The No AI FRAUD Act, if passed, would extend federal protection to commercial use of AI-generated likenesses across all content types.

Is It Illegal to Make a Deepfake of a Celebrity

Making a deepfake of a celebrity without their consent is illegal in most circumstances, especially when the content is sexual, commercial, or defamatory. Celebrities have strong right-of-publicity protections in every US state, and AI-generated content using their likeness without permission is a clear violation of those rights.

Right of publicity laws protect an individual’s right to control the commercial use of their name, image, likeness, and voice. Every US state recognizes this right either through statute or common law. When an AI video uses a celebrity’s face or voice for commercial purposes, including to promote a product, generate revenue through views, or create merchandising, it triggers right-of-publicity liability.

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California has some of the strongest celebrity protection laws in the country. California Civil Code 3344 prohibits the commercial use of any person’s likeness without written consent. California AB 2602, enacted in 2024, specifically addresses AI-generated replicas of performers, requiring explicit consent and detailed contract provisions before any AI version of a performer can be created.

The First Amendment provides some protection for satire and commentary. A clearly labeled parody video using a celebrity’s likeness for political or social commentary occupies a different legal space than a commercial deepfake. But “satire” is not a magic word that eliminates all liability. If the content implies false facts of fact, it can still constitute defamation.

Is It Illegal to Make a Deepfake of a Private Person

Making a deepfake of a private individual without their consent is illegal in most states and carries federal exposure under the DEFIANCE Act for sexual content. Private individuals have the same right-of-publicity protections as celebrities, the same defamation rights, and the same protection under NCII laws.

Private persons are often more vulnerable to deepfake harm than celebrities precisely because they lack the resources to pursue legal action and the platforms to publicly refute false content. Courts and legislators have increasingly recognized this asymmetry.

The legal exposure for deepfaking a private person includes:

• Civil defamation lawsuit if the video implies false statements of fact
• Right-of-publicity lawsuit if the video is used commercially
• DEFIANCE Act civil claim if the video contains sexually explicit content
• State criminal charges in states with deepfake-specific criminal statutes
• Harassment or stalking charges if the video is part of a targeted campaign

In Texas, creating and sharing a sexually explicit deepfake of a private person without consent is a criminal offense under HB 4337. Florida Statute 836.13 makes this a third-degree felony. Virginia makes it a Class 1 misdemeanor with enhanced penalties if the victim is a minor.

The fact that you personally created the AI video rather than sharing someone else’s is not a defense. Creating the content is itself the violation in states with deepfake-specific criminal statutes.

Is It Illegal to Make AI Videos of Minors

Creating AI-generated videos that sexualize minors is a federal felony under child sexual abuse material (CSAM) laws, with no exceptions. The PROTECT Act of 2003 and related federal statutes make it a crime to create, possess, or distribute sexually explicit material depicting minors, including AI-generated and fully synthetic images and videos.

Federal courts have rejected First Amendment defenses for AI-generated CSAM. The synthetic nature of the content does not protect the creator. A federal conviction for AI-generated CSAM of a minor carries a mandatory minimum sentence of five years in federal prison, with possible sentences of up to 20 years or more for aggravated offenses.

Beyond sexual content, AI videos of minors that are used commercially without parental consent can violate state child performer laws, right-of-publicity statutes that extend to minors, and emerging state-level AI content laws that specifically protect minors’ digital likenesses.

Quick Facts: AI Videos of Minors

• Sexually explicit AI content of minors: federal felony, mandatory minimum 5 years prison
• Governing statute: PROTECT Act of 2003 (18 U.S.C. 2256)
• Commercial AI videos of minors without parental consent: right-of-publicity violation in all states
• “Synthetic” or “AI-generated” is not a defense for CSAM charges
• State-level protections: California, Texas, Illinois, and New York have additional minor-specific digital likeness laws

There is zero legal gray area for AI-generated sexual content depicting minors. This is one of the clearest, most severely punished categories of illegal content in American law regardless of the technology used to create it.

Is It Illegal to Make AI Porn of Someone

Creating AI-generated pornographic content depicting a real person without their consent is illegal in most US states and is a federal civil violation under the DEFIANCE Act. Sexual deepfakes are the single most legislated category of AI-generated video content, and the law is aligned firmly against creators of nonconsensual sexual AI content.

The DEFIANCE Act creates federal civil liability for any person who creates, publishes, or distributes nonconsensual sexually explicit AI imagery. Victims can recover up to $150,000 per violation in additional damages beyond actual harm, plus attorney’s fees. This applies to any real person, not just celebrities or public figures.

At the state level, Florida Statute 836.13 makes creating or distributing sexually explicit deepfakes a third-degree felony punishable by up to five years in state prison. Texas HB 4337 criminalizes the creation and disclosure of intimate AI-generated images without consent. Virginia Code 18.2-386.2 creates criminal liability even for the act of creation, not just distribution.

The combination of federal civil liability and state criminal exposure means that creating sexual AI content of a real person without consent now carries both prison risk and massive financial liability in most US jurisdictions.

Deepfake Nonconsensual Intimate Images Laws

Deepfake nonconsensual intimate images laws, commonly abbreviated as NCII laws, are statutes that specifically target the creation and distribution of AI-generated or digitally manipulated sexual imagery of real people without their consent. These laws exist at both the federal level and in more than 40 states as of 2026.

NCII laws differ from traditional intimate image statutes because they cover content that was never actually photographed. A traditional revenge porn law protects images taken of a real person. An NCII law protects against images that were entirely fabricated using AI but that realistically depict a real person in sexual contexts.

The legal protections under NCII laws generally cover:

• AI-generated images and videos depicting a real person in sexually explicit scenarios
• Digitally altered images that place a real person’s face on another person’s body in sexual content
• Voice-cloned audio that is sexual in nature without consent
• Distribution of any of the above through digital platforms or direct sharing

The DEFIANCE Act is the primary federal NCII law covering AI-generated content. At the state level, laws vary in whether they create criminal penalties, civil rights of action, or both. Georgia’s SB 337 is civil only. Florida’s Statute 836.13 is criminal. California AB 602 is civil. Texas HB 4337 is criminal.

Key Takeaway: NCII laws targeting AI-generated sexual content now exist at the federal level and in more than 40 states. Creating or sharing a sexual deepfake of any real person, regardless of who they are, exposes the creator to criminal charges, civil lawsuits, and federal liability.

Election Deepfake Laws

Election deepfake laws prohibit the creation or distribution of AI-generated audio or video content falsely depicting political candidates or elected officials near election dates. More than 20 US states have enacted election-specific deepfake laws since 2019, and federal proposals to address AI-generated election interference are advancing in 2026.

California’s AB 730, enacted in 2019, was the first US law specifically targeting election deepfakes. It prohibits distributing materially deceptive audio or visual media depicting a candidate for elected office within 60 days of an election without clear disclosure that the content is synthetic.

Texas Election Code Chapter 255 prohibits the use of synthetic media to create a realistic but false impression of a candidate’s statements or actions. Minnesota, Michigan, and Washington have enacted similar statutes.

Federal proposals including the Protect Elections from Deceptive AI Act would require disclosure labeling on all AI-generated political content in federal elections. The FEC has also issued guidance indicating that existing campaign finance disclosure laws may apply to AI-generated political content even without new legislation.

Satire and clearly labeled parody remain protected under the First Amendment even in election contexts. The laws target content that is designed to deceive, not content that is clearly fictional or comedic.

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Right of Publicity AI Video

The right of publicity is a legal right that allows individuals to control how their name, image, likeness, and voice are used for commercial purposes. AI-generated videos that use a real person’s likeness for commercial gain without consent violate this right in every US state.

Every state recognizes the right of publicity either through statute or common law. In most states, the right applies to private individuals as well as celebrities. The commercial purpose requirement is key: non-commercial uses, such as news reporting, satire, or artistic expression, generally don’t trigger right-of-publicity liability. Commercial uses, such as using an AI video of a celebrity to sell a product, clearly do.

New York Civil Rights Law Section 50-f, updated in 2023, specifically addresses the right of publicity for digital replicas, including AI-generated content. Tennessee enacted the Ensuring Likeness Voice and Image Security (ELVIS) Act in 2024, which directly targets AI voice cloning and digital likeness use without consent in the music and entertainment industry.

• Right of publicity covers: name, face, voice, signature, distinctive physical characteristics
• AI content violating this right: synthetic videos used in ads, sponsored content, or revenue-generating media
• Protected uses: news, satire, biography, artistic commentary clearly not implying endorsement
• Tennessee ELVIS Act (2024): specifically covers AI voice cloning of musicians
• California Civil Code 3344: covers all commercial likeness uses; damages include attorney’s fees

The right of publicity survives death in most states, often for decades. Using an AI-generated likeness of a deceased celebrity without estate permission is a right-of-publicity violation in California, New York, Tennessee, Texas, and many other states.

Deepfake Defamation Lawsuit

A deepfake defamation lawsuit is a civil legal action brought when an AI-generated video makes false statements of fact about a real person, causing harm to their reputation. Defamation law, which covers libel and slander, applies to AI-generated content the same way it applies to written or spoken false statements.

For a deepfake to constitute actionable defamation, it must do more than use someone’s likeness. It must imply or explicitly make false statements of fact that damage the person’s reputation. A video that makes a politician appear to confess to a crime they didn’t commit is defamatory. A video that makes a business executive appear to say things designed to destroy their company is defamatory.

Defamation of a public figure requires the plaintiff to prove actual malice: the creator knew the content was false or acted with reckless disregard for its truth. Private individuals need only prove negligence, a significantly lower bar.

Deepfake defamation cases can result in substantial civil damages. Actual damages cover provable economic harm, such as lost business opportunities or career damage. Punitive damages are available in cases where the creator acted with malice. Several large jury verdicts in defamation cases since 2022 have awarded multimillion-dollar damages, establishing a clear financial deterrent.

Penalties for Making Deepfakes

Penalties for making deepfakes range from civil damages of $10,000 or more per violation to federal prison sentences of up to 20 years in the most serious cases involving fraud or child exploitation. The specific penalty depends on the type of content, the intent behind it, and which state and federal laws apply.

For sexually explicit deepfakes of adults, the DEFIANCE Act allows federal civil claims with up to $150,000 in additional damages per violation. State criminal laws add separate exposure, with Florida imposing up to five years in state prison and Texas imposing up to two to ten years depending on the specifics.

For AI-generated CSAM involving minors, federal mandatory minimum sentences start at five years in prison and can reach 20 years or more for aggravated conduct.

The financial penalties are compounded by attorney’s fees, injunctive relief costs, and the increasing willingness of platforms to share user data with law enforcement when deepfake complaints are filed.

Can You Sue Someone for Making a Deepfake of You

Yes, you can sue someone for making a deepfake of you, and in many states you have multiple independent legal theories available to pursue. Civil lawsuits for deepfake-related harms are increasingly common and have resulted in significant judgments against deepfake creators.

The available civil claims depend on the content and its use:

• DEFIANCE Act claim: for sexually explicit deepfakes; available in federal court
• Defamation claim: for deepfakes that imply false statements of fact
• Right-of-publicity claim: for AI videos used commercially without consent
• Invasion of privacy: for false light or appropriation claims
• Intentional infliction of emotional distress: in extreme harassment cases

California Penal Code 637.2 allows civil recovery of $5,000 per violation or three times actual damages for privacy violations, which courts have applied to deepfake cases. California AB 602 creates a specific civil cause of action for sexually explicit deepfakes with statutory damages available.

Filing a civil lawsuit for deepfake harm requires identifying the creator, which can be done through subpoenas to platforms and internet service providers in discovery. Platform cooperation with subpoenas in these cases has improved since 2023, making it more feasible to identify anonymous deepfake creators.

The most practical first step for victims is to document everything: screenshot the content, note where it appeared, and identify any accounts or usernames associated with the distribution. That documentation forms the foundation of both civil litigation and any criminal complaint filed with law enforcement.

Frequently Asked Questions

Is it illegal to create a deepfake video of a real person?

Creating a deepfake video of a real person is illegal in many circumstances depending on the content and your state.
Sexually explicit deepfakes are illegal under the DEFIANCE Act and in most states.
Deepfakes that defame, defraud, or commercially exploit a person without consent also carry civil and criminal liability.
Clearly labeled satire without sexual content is the narrowest area of potential protection.

What is the DEFIANCE Act and what does it do?

The DEFIANCE Act is a federal law signed in 2024 that lets victims of nonconsensual sexually explicit AI-generated content sue creators, publishers, and distributors in federal court.
Victims can recover actual damages, up to $150,000 in additional damages per violation, and attorney’s fees.
It applies to any real person, not just celebrities, and covers both images and video content.

Can you go to jail for making a deepfake?

Yes, you can go to jail for making a deepfake in multiple states.
Florida imposes up to five years in state prison for creating sexually explicit deepfakes under Statute 836.13.
Texas imposes up to ten years for aggravated cases under HB 4337.
Federal prison sentences of five to twenty years apply when deepfakes involve minors or are used in fraud schemes.

Is making an AI video of a celebrity without permission illegal?

Making an AI video of a celebrity without their permission is illegal in most contexts.
Right-of-publicity laws in all 50 states prohibit using a celebrity’s likeness commercially without written consent.
Sexual deepfakes of celebrities also violate the DEFIANCE Act and state NCII laws.
Clearly labeled non-commercial satire is the only category that has consistent First Amendment protection.

Can someone sue you for making an AI video of them?

Yes, anyone depicted in an unauthorized AI video can sue you in civil court.
Available claims include defamation, right of publicity, invasion of privacy, and federal DEFIANCE Act claims for sexual content.
Civil judgments in deepfake cases have resulted in substantial damages awards, and platforms are increasingly cooperating with subpoenas to identify anonymous creators.

AI video law is one of the fastest-moving legal areas in the US right now.

New state laws are passing every legislative session, federal bills are advancing, and courts are issuing decisions that reshape the legal standards around AI content. What was unclear two years ago is now codified in statute in most states.

Bookmark this page and check back for updates. As 2026 legislative sessions produce new deepfake laws and the No AI FRAUD Act moves through Congress, the legal picture will keep shifting in meaningful ways.

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