As of early 2026, 46 to 48 US states have enacted laws addressing deepfakes and synthetic media, with 28 states specifically targeting political deepfakes and 45+ targeting non-consensual sexually explicit deepfakes. The state landscape varies widely in scope, penalties, and enforcement, creating a patchwork compliance environment for any organization operating across state lines.

• Non-consensual intimate imagery, including AI-generated content (45+ states)
• Election-related deepfakes with disclosure requirements, often within 60–90 days of an election (28 states)
• Voice and likeness protection (Tennessee, New York, others) and horizontal AI risk frameworks (Colorado, California, Texas)

• Vary significantly by state; many provide private rights of action with statutory damages
• Tennessee allows treble damages for knowing violations; New York Civil Rights Law §52-b provides civil liability for dissemination
• Several state election deepfake laws have faced First Amendment challenges; California AB 2655 partially struck down August 2025 on Section 230 / First Amendment grounds
• Federal Trump EO (December 2025) directs DOJ/FTC challenges to state AI laws under preemption and Commerce Clause, with active state-level counter-litigation