CP-02
Consumer Protection
Non-Consensual Intimate Imagery
Generating, distributing, or facilitating the distribution of non-consensual intimate imagery of real, identifiable individuals using AI tools is prohibited. This applies to developers of image and video generation tools, platforms that distribute such content, and providers of facilitation services. Liability can arise even where the developer does not directly generate the content.
Sub-obligations4
Bills85
Jurisdictions32
Enacted9
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4 sub-obligations of CP-02

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ID Sub-Obligation Enacted Live Failed Total
CP-02.1 Generation prohibition
Developers and deployers of AI image- or video-generation tools must not knowingly generate non-consensual intimate imagery of real, identifiable individuals.
7Enacted 18Live 20Failed 45Total Jump →
CP-02.2 Distribution prohibition
Platforms may not knowingly distribute AI-generated NCII and may face liability for failure to remove upon notice.
11Enacted 15Live 7Failed 33Total Jump →
CP-02.3 Platform takedown obligation
Platforms must provide a reasonably accessible mechanism for individuals to report NCII and must take down confirmed NCII upon notice. Failure to respond timely may create independent liability.
6Enacted 17Live 5Failed 28Total Jump →
CP-02.4 Generative AI Likeness Consent Requirement
No person or entity may commercially publish, display, or use an individual's name, portrait, voice, or likeness created through generative AI without express consent from the individual or authorized representative, including post-mortem rights where applicable. AI technology providers enabling creation of digital replicas must display mandated consumer warnings about civil and criminal liability for unauthorized use.
9Enacted 50Live 45Failed 104Total Jump →
Bills That Map This Requirement 211 mappings
CP-02.1
Generation prohibition
Developers and deployers of AI image- or video-generation tools must not knowingly generate non-consensual intimate imagery of real, identifiable individuals.
Enacted
7
Live
18
Failed
20
Total
45
CA
CA AB 621 (Deepfake Pornography) § Civ. Code § 1708.86(b)
Enacted eff 2026-01-01
Persons must not create and intentionally disclose digitized sexually explicit material portraying a depicted individual when they know or reasonably should know the individual did not consent or was a minor when the material was created.
CA
CA AB 621 (Deepfake Pornography) § Civ. Code § 1708.86(c)
Enacted eff 2026-01-01
Persons who own, operate, or control a deepfake pornography service are presumed to have created and intentionally disclosed the digitized sexually explicit material, and to have known the depicted individual did not consent, unless they produce evidence of the depicted individual's express written consent.
IL
Enacted eff 2025-01-01
No person may knowingly distribute, transmit, or make publicly available a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica of an individual's voice, image, or likeness.
NY
NY AB 8808 (AI Deceptive Practices Act / Budget Bill) § Civil Rights Law § 52-b (as amended by Part MM, Subpart A, § 3)
Enacted eff 2024-04-20
Persons must not disseminate or publish non-consensual intimate images created or altered by digitization (including AI-generated deepfakes). Websites hosting such images are subject to takedown orders. Depicted individuals may bring a cause of action for harassment and seek permanent removal from websites.
US
Enacted eff 2025-05-19
No person may use an interactive computer service to knowingly publish an authentic nonconsensual intimate visual depiction of an identifiable adult where the publisher knew or should have known the individual had a reasonable expectation of privacy and the publication is intended to cause harm or causes harm. Exceptions apply for law enforcement, legal proceedings, medical/educational purposes, self-depiction, and good-faith reporting.
US
Enacted eff 2025-05-19
No person may use an interactive computer service to knowingly publish an authentic nonconsensual intimate visual depiction of an identifiable minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify sexual desire. Exceptions apply for law enforcement, legal proceedings, medical/educational purposes, self-depiction, and good-faith reporting.
UT
UT HB 276 (AI Content Provenance & NCII) § Utah Code § 13-72b-201
Enacted eff 2027-01-01
Generation services must not distribute a counterfeit intimate image without first obtaining affirmative, identity-verified consent from the depicted individual, must implement and maintain a consent system that verifies identity with reasonable accuracy, and must retain consent records for at least seven years.
MO
Engrossed
No person or entity may replicate or alter an individual's image or voice, or use an individual's likeness, through artificial intelligence to generate explicit sexual material without the individual's express written consent.
OH
Engrossed
No person may create, use, or disseminate an AI-generated replica of a non-minor, non-impaired person's persona depicting the individual in a state of nudity, engaging in sexual activity, or in any obscene material without the consent of the individual whose persona is replicated.
CT
CT SB 1143 (AI-Generated Intimate Images) § Concept Bill (No Operative Sections)
Introduced
No person may create or disseminate an intimate image generated using artificial intelligence without the consent of the individual depicted.
CT
Introduced eff 2025-10-01
A person must not knowingly disseminate a synthetically created intimate image of an identifiable person without that person's consent, where the disseminator intends viewers to believe the image is a real depiction and the depicted person suffers harm, or where the disseminator acquired or created the image with intent to harm. Exceptions apply for images resulting from voluntary public exposure and for images where the depicted person is not clearly identifiable.
GA
GA HB 566 (NO FAKES Act) § O.C.G.A. § 10-1-955
Introduced
No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make available to the public a digital replica of an individual's voice or visual likeness without the right holder's consent, where the person has actual knowledge or willfully avoids knowledge that (1) the material is a digital replica and (2) it was not authorized. The prohibition applies regardless of disclaimer; statutory carve-outs cover bona fide news, documentaries, commentary, parody, scholarship, fleeting use, and certain advertising of those works, but no carve-out applies where the replica depicts sexually explicit conduct.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1705
Introduced eff 2025-10-01
No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without the consent of the applicable right holder. Liability requires actual knowledge or willful blindness that the material is an unauthorized digital replica. Exceptions apply for bona fide news, documentary/biographical use, commentary, criticism, satire, parody, and fleeting or negligible use — but no exception applies when the digital replica depicts sexually explicit conduct.
MO
Introduced
Any person must not knowingly create, publish, or distribute algorithmically generated or altered content of a sexual or pornographic nature without the depicted individual's consent. Enhanced penalties apply for platform-based distribution and for distribution resulting in serious harm to the depicted individual's dignity, reputation, or safety.
MO
Introduced
Publishers who publish a digital impersonation depicting a non-public-figure in a sexual act or depicting unclothed intimate body parts face injunctive relief and damages if the plaintiff proves by clear and convincing evidence that the publication was made with actual knowledge it was a digital impersonation, or that the publisher failed to take reasonable corrective action — such as removal or a public retraction — within 21 days after gaining actual knowledge.
NM
Introduced
No person may distribute, publish, or otherwise make available sensitive deepfake images of another person without that person's consent, with intent to harass, humiliate, intimidate, cause fear, cause unwanted physical contact, or cause substantial emotional distress, where the conduct would cause a reasonable person substantial emotional distress.
NM
NM HB 530 (Sensitive Deepfake Images) § Chapter 41 NMSA 1978, New Section
Introduced
Any person who publishes, exhibits, or communicates a sensitive deepfake image of another person is subject to civil liability for libel, slander, or invasion of privacy. Consent to creation of the image does not establish consent to publication. Successful plaintiffs may recover actual damages, disgorgement, punitive damages, attorney fees, and equitable relief.
NY
NY SB 8308 (AI Deceptive Practices Act) § Civil Rights Law § 52-b
Introduced
No person may disseminate or publish non-consensual intimate imagery — including images created or altered by AI digitization — of another person for purposes of harassment. Depicted individuals may seek court orders requiring website takedown of such images.
NY
NY SB 8721 (AI Digital Likeness Rights) § Civ. Rights Law § 52-e
Introduced
No individual may disseminate, publish, or threaten to disseminate or publish a still or video image created or altered by digitization for the purpose of harassing, annoying, or alarming the depicted person, where the depicted person had a reasonable expectation of privacy and did not consent to dissemination. Exceptions apply for reporting unlawful conduct, law enforcement, legal proceedings, medical treatment, voluntary public exposure, and legitimate public purposes.
OH
Introduced
No person may prepare, produce, develop, offer to distribute, or recklessly distribute a malicious deepfake recording of an individual's voice, image, or likeness without the depicted individual's written consent. A safe harbor applies when the material either (1) is non-political and appears in a context a reasonable person would recognize as inauthentic, or (2) carries a conspicuous disclaimer stating it has been materially altered and identifying the responsible entity — but neither safe harbor applies to pornographic deepfakes or those depicting individuals under 17.
US
US HR 8516 (American Leadership in AI Act) § 15 U.S.C. 6851 (as amended by Sec. 501)
Introduced
No person may knowingly produce, possess with intent to disclose, disclose, or solicit and receive AI-generated intimate imagery (an intimate digital forgery) of a real, identifiable individual without consent; developers and operators of image- or video-generation tools face civil liability for knowingly producing such content, and a disclosure label or context stating the content is not authentic provides no defense.
US
Introduced
No person or entity may publicly display, distribute, transmit, or make available an unauthorized digital replica, or distribute a product or service primarily designed to produce unauthorized digital replicas of identified individuals, with actual knowledge or willful avoidance of knowledge that the replica is unauthorized. Online service providers must have received a compliant takedown notification (or willfully avoided receipt) to incur liability. Exclusions apply for bona fide news, documentary, commentary, criticism, satire, parody, fleeting use, and related advertising — but not for sexually explicit digital replicas.
US
US HR 633 (TAKE IT DOWN Act) § 47 U.S.C. § 223(h)(3)
Introduced
No person may use an interactive computer service to knowingly publish an AI-generated digital forgery depicting an identifiable adult in intimate visual content without the individual's consent, where the publication is intended to cause or causes harm.
US
US HR 633 (TAKE IT DOWN Act) § 47 U.S.C. § 223(h)(3)
Introduced
No person may use an interactive computer service to knowingly publish an AI-generated digital forgery depicting an identifiable minor in intimate visual content with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify sexual desire.
US
Introduced
Any person or entity must not publicly display, distribute, transmit, or otherwise make available unauthorized digital replicas, and must not distribute, import, or make available products or services that are primarily designed to produce, have only limited commercially significant use other than to produce, or are marketed as producing unauthorized digital replicas of specifically identified individuals. Online service providers incur liability only upon receiving a compliant notification or court order (or willfully avoiding receipt). Non-platform actors must have actual knowledge or willfully avoid such knowledge.
CT
CT HB 5421 (AI-Generated Intimate Images) § Conn. Gen. Stat. § 53a-189c
Failed
A person must not intentionally disseminate, by electronic or other means, any digitally altered image or image created through the use of artificial intelligence that depicts the likeness of an identifiable person in intimate or sexually explicit circumstances without that person's consent where the depicted person suffers harm. Exceptions apply for voluntary public exposure, non-identifiable subjects, and public-interest dissemination.
CT
Failed
No person may intentionally disseminate a synthetic intimate image — an image partially or wholly generated by a computer system that is virtually indistinguishable from an actual representation of an identifiable person — depicting intimate body parts or sexual intercourse, knowing the depicted person did not consent, where harm results. Violation is a class A misdemeanor (single recipient) or class D felony (multiple recipients via electronic service).
ID
ID HB 575 (Explicit Synthetic Media) § Idaho Code § 18-6606(1)–(3)
Failed
No person may knowingly disclose AI-generated explicit synthetic media depicting an identifiable individual without that individual's consent, where the discloser knows or should know the individual did not consent and would suffer substantial emotional distress, or where the disclosure is made with intent to harass, intimidate, humiliate, or extort.
IL
Failed
Any person must not, without the depicted individual's consent, knowingly distribute, create with intent to distribute, or solicit the creation with intent to distribute an AI-generated digital forgery for purposes of harassment, harm, inciting violence, or interfering with an official proceeding, or with reckless disregard for whether harm will result. A safe harbor applies when the material is clearly labeled as AI-generated or non-authentic (e.g., parody or satire), except when the material appears to be a sexual image.
KS
Failed
Producers, promoters, and intentional possessors of obscene material must not use or depict a person's image or likeness via AI-generated synthetic media in published obscene material without that person's express written consent. Violation gives rise to a private cause of action for actual damages, revenue-based punitive damages, and attorney fees.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1705
Failed
Persons must not produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without the consent of the applicable right holder. Liability requires actual knowledge or willful avoidance of knowledge that the material is an unauthorized digital replica. Exceptions exist for bona fide news, documentary, commentary, criticism, scholarship, satire, parody, and fleeting uses — but no exception applies to digital replicas depicting sexually explicit conduct.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Failed
Persons must not manufacture, import, offer, provide, or distribute a product or service that is primarily designed to produce unauthorized digital replicas, has only limited commercially significant purpose other than producing unauthorized replicas, or is marketed for use in producing unauthorized replicas.
MN
Failed
A person must not disseminate a deep fake that realistically depicts the intimate parts or sexual acts of an identifiable individual without the depicted individual's consent. Consent to creation or private transmission is not a defense. Exemptions apply for criminal investigations, reporting unlawful conduct, medical treatment, commercial artistic purposes with the depicted individual's knowledge, public interest, scientific research, and legal proceedings.
MN
Failed
A person must not intentionally disseminate a deep fake that realistically depicts the intimate parts or sexual acts of an identifiable individual when the person knows or reasonably should know the depicted individual does not consent. Consent to creation or possession is not a defense. Exemptions apply for criminal investigations, reporting unlawful conduct, medical treatment, commercial artistic purposes, public interest, scientific research, and legal proceedings. Interactive computer services, mobile service providers, and broadband providers are immune from liability for third-party content.
MS
Failed
No person or entity may publish, perform, distribute, transmit, or otherwise make available to the public a digital voice replica or digital depiction with knowledge that it was not authorized by the holder of the affected likeness or voice rights.
MS
Failed
No person or entity may materially contribute to, direct, or otherwise facilitate unauthorized distribution of a personalized cloning service or unauthorized publication of a digital voice replica or digital depiction with knowledge that the affected rights holder has not consented.
NC
Failed
No person may knowingly disclose a fabricated intimate image of another person when the person knows or should know the depicted person has not consented and that disclosure would cause harm. Violation is a Class 1 misdemeanor on first offense, Class A felony on repeat. Exemptions apply for public-interest disclosures, constitutionally protected speech, and interactive computer services.
US
Failed
No person or entity may knowingly publish, perform, distribute, transmit, or otherwise make available to the public a digital voice replica or digital depiction of an individual without the authorization of the individual holding the voice or likeness rights. A disclaimer does not constitute a defense.
US
Failed
No person or entity may materially contribute to, direct, or otherwise facilitate the unauthorized distribution of a personalized cloning service or the unauthorized publication of a digital voice replica or digital depiction with knowledge that the affected individual has not consented.
US
Failed
No person may knowingly produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica without consent of the right holder. Liability requires actual knowledge or willful avoidance of knowledge. Exclusions apply for news, documentary, commentary, criticism, satire, parody, fleeting use, and related advertisements — but no exclusion applies when the digital replica depicts sexually explicit conduct.
US
Failed
Any person must not produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica without the right holder's consent. Liability requires actual knowledge or willful avoidance of knowledge that the material is an unauthorized digital replica. Exclusions apply for bona fide news, documentary/biographical use, commentary/criticism/satire/parody, fleeting use, and related advertising — but none of these exclusions apply to sexually explicit digital replicas.
VA
VA HB 1525 (AI-Generated NCII) § Va. Code § 18.2-386.1(A)(2)
Failed
No person may knowingly and intentionally use artificial intelligence to create a videographic or still image of a nonconsenting person depicting that person nude, performing sexual acts, or in a state of undress, where the image appears to be or is intended to appear to be that person.
VT
Failed
The existing prohibition on non-consensual disclosure of sexually explicit images now covers synthetic images partially or fully generated by a computer system, extending existing criminal liability to AI-generated intimate imagery.
WI
Failed eff 2026-03-23
No person may make a reproduction of a private representation without the consent of the person depicted. Violation is a Class A misdemeanor.
WV
Failed
No person may intentionally or knowingly distribute a deep fake depicting an identifiable natural person engaging in sexual conduct they did not perform, where the distributor acts with intent to coerce, harass, intimidate, or damage the depicted person's reputation, and knows or has reason to know the depicted person did not consent. A safe harbor applies where the content includes a clear disclosure that a reasonable person would understand indicates the media is not a record of a real event.
CP-02.2
Distribution prohibition
Platforms may not knowingly distribute AI-generated NCII and may face liability for failure to remove upon notice.
Enacted
11
Live
15
Failed
7
Total
33
CA
CA AB 621 (Deepfake Pornography) § Civ. Code § 1708.86(b)
Enacted eff 2026-01-01
Persons must not intentionally disclose digitized sexually explicit material they did not create when they know or reasonably should know the depicted individual did not consent to the material's creation or was a minor when it was created.
CA
CA AB 621 (Deepfake Pornography) § Civ. Code § 1708.86(b)
Enacted eff 2026-01-01
Persons must not knowingly facilitate or recklessly aid or abet the creation or disclosure of non-consensual digitized sexually explicit material.
CA
CA AB 621 (Deepfake Pornography) § Civ. Code § 1708.86(c)
Enacted eff 2026-01-01
Infrastructure service providers enabling the ongoing operation of a deepfake pornography service must take all necessary steps to stop providing those enabling services within 30 days of receiving sufficient evidence from a depicted individual or public prosecutor that the service engages in conduct violating this section, or face a rebuttable presumption of facilitation liability.
IL
Enacted eff 2025-01-01
No person may knowingly distribute, transmit, or make publicly available a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica of an individual's voice, image, or likeness.
IL
Enacted eff 2025-01-01
Any person who materially contributes to, induces, or facilitates distribution of an unauthorized digital replica after obtaining actual knowledge of the infringement may be liable. Intermediaries that solely transmit, store, or provide access to data — including application software providers and cloud service providers — are exempt if they lack actual knowledge, do not willfully disregard facts creating knowledge, and act expeditiously to remove or disable access upon obtaining knowledge or notification, consistent with 17 U.S.C. § 512 standards.
NY
NY AB 8808 (AI Deceptive Practices Act / Budget Bill) § Civil Rights Law § 52-b (as amended by Part MM, Subpart A, § 3)
Enacted eff 2024-04-20
Persons must not disseminate or publish non-consensual intimate images created or altered by digitization (including AI-generated deepfakes). Websites hosting such images are subject to takedown orders. Depicted individuals may bring a cause of action for harassment and seek permanent removal from websites.
NY
NY AB 8808 (AI Deceptive Practices Act / Budget Bill) § Penal Law § 245.15 (as amended by Part MM, Subpart B, § 3)
Enacted eff 2024-04-20
Persons must not intentionally disseminate or publish intimate images or audio records — including those created or altered by AI digitization — depicting another person engaged in sexual or obscene conduct without consent, where the actor intends to cause harm and knew or should have known consent was absent. Class A misdemeanor.
US
Enacted eff 2025-05-19
No person may use an interactive computer service to knowingly publish an AI-generated digital forgery depicting an identifiable adult in intimate circumstances without the individual's consent, where publication is intended to cause harm or causes psychological, financial, or reputational harm. Exceptions apply for law enforcement, legal proceedings, medical/educational purposes, self-depiction, and good-faith reporting.
US
Enacted eff 2025-05-19
No person may use an interactive computer service to knowingly publish an AI-generated digital forgery depicting an identifiable minor in intimate circumstances with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify sexual desire. Exceptions apply for law enforcement, legal proceedings, medical/educational purposes, self-depiction, and good-faith reporting.
US
Enacted eff 2025-05-19
Covered platforms must, within 48 hours of receiving a valid removal request, remove the nonconsensual intimate visual depiction and make reasonable efforts to identify and remove any known identical copies.
UT
UT HB 276 (AI Content Provenance & NCII) § Utah Code § 13-72b-301
Enacted eff 2027-01-01
Covered platforms must not knowingly allow the distribution of non-consensual counterfeit intimate images; knowledge is established when the platform receives notice and fails to comply with takedown requirements.
CA
CA SB 1217 (NCII Clearinghouse) § Civ. Code § 1708.87
Introduced eff 2029-01-01
Covered platforms must remove verified matches of nonconsensual intimate images within 48 hours of receipt of verified identifiers from the Department of Justice.
CA
CA SB 1217 (NCII Clearinghouse) § Civ. Code § 1708.87
Introduced eff 2029-01-01
Covered platforms must prevent nonconsensual intimate images with identical identifiers from being uploaded again after removal, effectively implementing a re-upload filter using the verified identifiers provided by the Department of Justice.
GA
Introduced eff 2026-07-01
After receiving notice that an individual did not consent to the use of a digital replica, any entity must cease distributing and remove from availability that digital replica. Knowing distribution or continued availability after notice constitutes a violation.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Introduced eff 2025-10-01
Online services must remove or disable access to material claimed to be an unauthorized digital replica as soon as technically and practically feasible after receiving notice, in order to avoid liability for linking to or referring users to such material.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Introduced eff 2025-10-01
Online services that host third-party content must, after receiving a qualifying notification, (1) remove or disable access to all instances of the claimed unauthorized digital replica as soon as technically and practically feasible and (2) take reasonable steps to promptly notify the third party that provided the material.
NM
Introduced eff 2026-07-01
Online services must, upon receiving notification of an alleged unauthorized digital replica, remove or disable access to the material as soon as practicable. For stored third-party content, online services must also take reasonable steps to promptly notify the content provider of the removal.
NY
NY SB 8308 (AI Deceptive Practices Act) § Civil Rights Law § 52-b
Introduced
No person may disseminate or publish non-consensual intimate imagery — including images created or altered by AI digitization — of another person for purposes of harassment. Depicted individuals may seek court orders requiring website takedown of such images.
NY
Introduced
No person may intentionally disseminate or publish non-consensual intimate images or audio records — including those created or altered by AI digitization — with intent to harm the depicted person. Violation is a class A misdemeanor.
TX
TX HB 3950 (Digital Replication Rights) § Bus. & Com. Code § 651.102
Introduced eff 2025-09-01
Online service providers must, upon receiving a valid takedown notification, remove or disable access to the claimed unauthorized digital replica as soon as technically and practically feasible, remove all instances if the service hosts third-party content, and promptly notify the third party that provided the material.
US
Introduced
Online service providers must, upon receiving a compliant takedown notification identifying an unauthorized digital replica, (1) remove or disable access to the identified material as soon as technically and practically feasible, (2) for major UGC platforms and digital music providers, also remove all future matching instances via digital fingerprinting, and (3) promptly notify both the right holder and the uploading end user. Providers covered under clause (iii) must also adopt and reasonably implement a repeat-violator termination policy and inform users of that policy.
US
US HR 633 (TAKE IT DOWN Act) § 47 U.S.C. § 223(h)(2)
Introduced
No person may use an interactive computer service to knowingly publish an authentic nonconsensual intimate visual depiction of an identifiable adult where the individual had a reasonable expectation of privacy and the publication is intended to cause or causes harm.
US
US HR 633 (TAKE IT DOWN Act) § 47 U.S.C. § 223(h)(2)
Introduced
No person may use an interactive computer service to knowingly publish an authentic nonconsensual intimate visual depiction of an identifiable minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify sexual desire.
US
US HR 633 (TAKE IT DOWN Act) § Section 3(a)(3)–(4)
Introduced
Covered platforms must, within 48 hours of receiving a valid removal request, remove the nonconsensual intimate visual depiction and make reasonable efforts to identify and remove any known identical copies.
US
Introduced
Platforms must remove unauthorized digital replicas or synthetic media after receiving a valid takedown notice. Failure to remove creates platform liability. Platforms may qualify for safe harbor protection under the DMCA (17 U.S.C. § 512) if they act in good faith.
US
Introduced
Online service providers must, upon receiving a compliant notification, (1) remove or disable access to the identified unauthorized digital replica or infringing product/service as soon as technically and practically feasible, (2) for predominant UGC platforms, also remove all other publicly available instances matching the digital fingerprint uploaded after valid notice was processed, and (3) promptly notify the right holder and the uploading user of the removal. Providers of non-predominant UGC platforms must also adopt, implement, and inform users of a repeat-violator termination policy.
ID
ID HB 391 (Explicit Synthetic Media) § Idaho Code § 18-6606
Failed
A person must not disclose explicit synthetic media — AI-generated or technically altered realistic imagery depicting an identifiable individual in sexual conduct or displaying intimate parts — with intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade.
ID
ID HB 391 (Explicit Synthetic Media) § Idaho Code § 18-6606
Failed
A person must not possess explicit synthetic media and threaten to disclose it with intent to obtain money or other valuable consideration from the identifiable individual depicted in the media.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Failed
Online services must remove or disable access to material claimed to be an unauthorized digital replica as soon as technically and practically feasible after receiving a compliant notification, and must promptly notify the third party that provided the material of the removal. Failure to act upon notification forfeits the statutory safe harbor from liability.
MS
Failed
No person may knowingly disseminate or publish an AI-generated or digitally altered intimate image or audio of an identifiable person — depicting intimate parts exposed or sexual conduct — with intent to cause emotional, financial, or physical harm, where the person depicted did not consent. Violations by persons 21 or older are felonies; violations by persons under 21 are misdemeanors; repeat offenses carry enhanced felony penalties.
US
Failed
Online services must (1) designate an agent to receive takedown notifications and publish the agent's contact information on their website and with the Copyright Office, and (2) upon receiving a compliant notification, remove or disable access to all instances of the claimed unauthorized digital replica as soon as technically and practically feasible, and promptly notify the uploading third party of the removal.
US
Failed
Online services must (1) designate an agent to receive unauthorized digital replica notifications and publish the agent's contact information on their website and with the Copyright Office, (2) remove or disable access to all instances of a claimed unauthorized digital replica as soon as technically and practically feasible upon receiving a compliant notification, and (3) promptly notify the uploading third party that the material was removed.
WI
Failed eff 2026-03-23
No person may post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate that person. Violation is a Class I felony.
CP-02.3
Platform takedown obligation
Platforms must provide a reasonably accessible mechanism for individuals to report NCII and must take down confirmed NCII upon notice. Failure to respond timely may create independent liability.
Enacted
6
Live
17
Failed
5
Total
28
NY
NY AB 8808 (AI Deceptive Practices Act / Budget Bill) § Civil Rights Law § 52-b (as amended by Part MM, Subpart A, § 3)
Enacted eff 2024-04-20
Persons must not disseminate or publish non-consensual intimate images created or altered by digitization (including AI-generated deepfakes). Websites hosting such images are subject to takedown orders. Depicted individuals may bring a cause of action for harassment and seek permanent removal from websites.
US
Enacted eff 2025-05-19
Covered platforms must, within one year of enactment, establish a written notice-and-removal process enabling identifiable individuals (or authorized representatives) to report nonconsensual intimate visual depictions by submitting a signed request with locating information, a good-faith nonconsent statement, and contact information.
US
Enacted eff 2025-05-19
Covered platforms must provide a clear and conspicuous notice on the platform — in plain language and easy to read — describing the NCII notice-and-removal process and explaining how an individual can submit a notification and removal request.
US
Enacted eff 2025-05-19
Covered platforms must, within 48 hours of receiving a valid removal request, remove the nonconsensual intimate visual depiction and make reasonable efforts to identify and remove any known identical copies.
UT
UT HB 276 (AI Content Provenance & NCII) § Utah Code § 13-72b-205
Enacted eff 2027-01-01
Generation services must inform users that distributing non-consensual counterfeit intimate images is prohibited and may result in civil liability, and must clearly and conspicuously provide users with procedures for reporting violations.
UT
UT HB 276 (AI Content Provenance & NCII) § Utah Code § 13-72b-302
Enacted eff 2027-01-01
Covered platforms must establish and implement Take It Down Act–compliant notice-and-removal procedures, including a reporting mechanism, clear notice of the mechanism, removal of reported counterfeit intimate images within 48 hours, and reasonable efforts to remove identical copies.
CA
CA SB 1217 (NCII Clearinghouse) § Civ. Code § 1708.87
Introduced eff 2029-01-01
Covered platforms must accept verified notifications from the Department of Justice in the manner determined by the Department and search for matching identifiers of nonconsensual intimate images within their systems.
GA
GA HB 566 (NO FAKES Act) § O.C.G.A. § 10-1-955
Introduced
Online services seeking notice-and-takedown safe harbor must (1) designate an agent to receive takedown notifications by publishing the agent's name, address, telephone number, and email on the service in a publicly accessible location and filing the same information with the Georgia Secretary of State, and (2) upon receiving a compliant notification, remove or disable access to claimed unauthorized digital replicas as soon as technically and practically feasible. For stored third-party material, the service must also take reasonable steps to promptly notify the uploader of the removal.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Introduced eff 2025-10-01
Online services that host third-party content must, after receiving a qualifying notification, (1) remove or disable access to all instances of the claimed unauthorized digital replica as soon as technically and practically feasible and (2) take reasonable steps to promptly notify the third party that provided the material.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Introduced eff 2025-10-01
Online services must designate an agent to receive unauthorized-digital-replica notifications and must publish the agent's name, address, telephone number, and e-mail address both to the Secretary of State and on their website in a publicly accessible location.
NM
Introduced
Large online platforms must provide a user interface for requesting takedown of deceptive synthetic content and must respond to takedown requests within 72 hours.
NM
Introduced
Depicted persons may request that a large online platform take down deceptive synthetic content using the interface required under Section 6.
NM
Introduced eff 2026-07-01
Online services must, upon receiving notification of an alleged unauthorized digital replica, remove or disable access to the material as soon as practicable. For stored third-party content, online services must also take reasonable steps to promptly notify the content provider of the removal.
NY
NY SB 8721 (AI Digital Likeness Rights) § Civ. Rights Law § 52-e
Introduced
A depicted person may obtain a court order requiring any website subject to personal jurisdiction in New York to permanently remove a still or video image created or altered by digitization that was disseminated without the depicted person's consent and under circumstances where the person had a reasonable expectation of privacy. Removal is limited to images reasonably within the website's control.
TX
TX HB 3950 (Digital Replication Rights) § Bus. & Com. Code § 651.102
Introduced eff 2025-09-01
Online service providers must, upon receiving a valid takedown notification, remove or disable access to the claimed unauthorized digital replica as soon as technically and practically feasible, remove all instances if the service hosts third-party content, and promptly notify the third party that provided the material.
US
Introduced
Online service providers must, upon receiving a compliant takedown notification identifying an unauthorized digital replica, (1) remove or disable access to the identified material as soon as technically and practically feasible, (2) for major UGC platforms and digital music providers, also remove all future matching instances via digital fingerprinting, and (3) promptly notify both the right holder and the uploading end user. Providers covered under clause (iii) must also adopt and reasonably implement a repeat-violator termination policy and inform users of that policy.
US
Introduced
Providers of major online services (UGC platforms and digital music providers) must register a designated agent with the Copyright Office and publicly post the agent's contact information on their website. Failure to register establishes that the provider has not made a good faith effort to comply with the safe harbor provisions.
US
US HR 633 (TAKE IT DOWN Act) § Section 3(a)(1)–(2)
Introduced
Covered platforms must establish, within one year of enactment, a process enabling identifiable individuals or their authorized representatives to notify the platform of nonconsensual intimate visual depictions and submit written requests for removal.
US
US HR 633 (TAKE IT DOWN Act) § Section 3(a)(1)–(2)
Introduced
Covered platforms must provide on the platform a clear and conspicuous notice, in plain language, of the NCII notice-and-removal process, including a description of how individuals can submit removal requests.
US
US HR 633 (TAKE IT DOWN Act) § Section 3(a)(3)–(4)
Introduced
Covered platforms must, within 48 hours of receiving a valid removal request, remove the nonconsensual intimate visual depiction and make reasonable efforts to identify and remove any known identical copies.
US
Introduced
Platforms must remove unauthorized digital replicas or synthetic media after receiving a valid takedown notice. Failure to remove creates platform liability. Platforms may qualify for safe harbor protection under the DMCA (17 U.S.C. § 512) if they act in good faith.
US
Introduced
Online service providers must, upon receiving a compliant notification, (1) remove or disable access to the identified unauthorized digital replica or infringing product/service as soon as technically and practically feasible, (2) for predominant UGC platforms, also remove all other publicly available instances matching the digital fingerprint uploaded after valid notice was processed, and (3) promptly notify the right holder and the uploading user of the removal. Providers of non-predominant UGC platforms must also adopt, implement, and inform users of a repeat-violator termination policy.
US
Introduced
Providers of online services that predominantly provide public access to user-uploaded material must register a designated agent with the Copyright Office and make the agent's contact information publicly available on their website. Failure to register establishes that the provider has not undertaken a good faith effort to comply with the safe harbor.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Failed
Online services must remove or disable access to material claimed to be an unauthorized digital replica as soon as technically and practically feasible after receiving a compliant notification, and must promptly notify the third party that provided the material of the removal. Failure to act upon notification forfeits the statutory safe harbor from liability.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1706
Failed
Online services must designate an agent to receive unauthorized digital replica notifications and must provide the agent's name, address, telephone number, and email address to the Secretary of State and on the online service's publicly accessible website.
TX
TX SB 1960 (Digital Replica Rights) § Bus. & Com. Code § 651.102
Failed
Online service providers must, upon receiving a valid takedown notification, remove or disable access to the alleged unauthorized digital replica as soon as technically and practically feasible, remove all hosted instances of the material, and promptly notify the third party that uploaded the material.
US
Failed
Online services must (1) designate an agent to receive takedown notifications and publish the agent's contact information on their website and with the Copyright Office, and (2) upon receiving a compliant notification, remove or disable access to all instances of the claimed unauthorized digital replica as soon as technically and practically feasible, and promptly notify the uploading third party of the removal.
US
Failed
Online services must (1) designate an agent to receive unauthorized digital replica notifications and publish the agent's contact information on their website and with the Copyright Office, (2) remove or disable access to all instances of a claimed unauthorized digital replica as soon as technically and practically feasible upon receiving a compliant notification, and (3) promptly notify the uploading third party that the material was removed.
CP-02.4
Generative AI Likeness Consent Requirement
No person or entity may commercially publish, display, or use an individual's name, portrait, voice, or likeness created through generative AI without express consent from the individual or authorized representative, including post-mortem rights where applicable. AI technology providers enabling creation of digital replicas must display mandated consumer warnings about civil and criminal liability for unauthorized use.
Enacted
9
Live
50
Failed
45
Total
104
CA
CA AB 1836 (Digital Replica) § Civ. Code § 3344.1(a)(2)
Enacted eff 2025-01-01
Persons must not produce, distribute, or make available a digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent from the rights holder. Exceptions apply for news, public affairs, sports, comment, criticism, scholarship, satire, parody, documentary or biographical use (unless creating a false impression of authentic participation), fleeting or incidental use, and advertisements for such exempt works.
CA
CA SB 11 (AI Digital Replicas) § Bus. & Prof. Code § 22650
Enacted eff 2026-01-01
Any person or entity that makes available to consumers any AI technology enabling creation of a digital replica must, by December 1, 2026, display the following consumer warning: Unlawful use of this technology to depict another person without prior consent may result in civil or criminal liability for the user. The warning must be hyperlinked on every page or screen where the consumer may input a prompt to the technology and must be included in the terms and conditions for use of the technology. All warnings must be displayed in a manner that is clear and conspicuous. The warning is not required for digital replicas created in a video game where the replica is used solely in gameplay and not distributed outside the game.
CA
CA SB 11 (AI Digital Replicas) § Civ. Code § 3344
Enacted eff 2026-01-01
No person may knowingly use another person's name, voice, signature, photograph, or likeness — including a digital replica — on or in products, merchandise, or goods, or for purposes of advertising, selling, or soliciting purchases of products, merchandise, goods, or services, without that person's prior consent (or, for a minor, parental or guardian consent). A digital replica as defined in Civil Code § 3344.1 is expressly included within the definitions of voice and likeness for purposes of this prohibition.
IL
Enacted eff 2025-01-01
No person may use an individual's identity — including name, image, likeness, or voice — for commercial purposes during the individual's lifetime without prior written consent from the individual or their authorized representative.
IL
Enacted eff 2025-01-01
No person may use a deceased individual's identity or digital replica in violation of the Act for 50 years after the individual's death without prior written consent from the appropriate rights holder under Section 20.
MT
Enacted eff 2026-01-01
No person may distribute, transmit, or make available to the public an algorithm, software, tool, or other technology whose primary purpose is to produce unauthorized digital voice depictions or digital visual depictions of a particular, identified individual for commercial use, unless the individual or rights holder has consented.
MT
Enacted eff 2026-01-01
No person may intentionally publish, perform, distribute, transmit, or make available to the public a digital voice depiction or digital visual depiction for commercial use with actual and specific knowledge that the depiction is unauthorized. A person with an objectively reasonable belief that the material did not qualify as an unauthorized depiction is not liable for actual damages.
NY
NY AB 8808 (AI Deceptive Practices Act / Budget Bill) § Civil Rights Law § 51 (as amended by Part MM, Subpart A, § 2)
Enacted eff 2024-04-20
Persons and entities must not use another person's name, portrait, picture, likeness, or voice — including AI-generated replicas — for advertising or trade without written consent. Violations give rise to equitable relief, compensatory damages, and exemplary damages for knowing violations.
VA
Enacted eff 2026-07-01
No person, firm, or corporation may use an individual's name, portrait, picture, voice, or likeness — including AI-generated reproductions — for advertising or trade purposes without first obtaining the written consent of that individual (or surviving consort, next of kin, or parent/guardian if deceased or a minor).
HI
Enrolled eff 3000-07-01
No person may knowingly create, publish, or distribute a realistic AI-generated digital imitation of an identifiable individual without that individual's express, written consent if the imitation is used commercially, is likely to cause harm, falsely implies endorsement or authorship, or is used to commit fraud, defamation, harassment, or other unlawful acts.
OH
Engrossed
No person may create or use a replica of a person's persona to induce another person to make a financial decision or extend credit in reliance on the replica without the express consent of the individual whose persona is replicated.
VA
Engrossed
No person, firm, or corporation may use any person's name, portrait, voice, likeness, or picture for advertising or trade purposes without first obtaining written consent from the individual, or if deceased from the surviving consort or next of kin, or if a minor from the parent or guardian.
VA
Engrossed
No person may produce, distribute, or make available a digital replica of another person's voice or likeness in an expressive audiovisual work or sound recording without first obtaining written consent from the individual, the surviving consort or next of kin if deceased, or the parent or guardian if a minor. Violations carry liability of the greater of $1,000 or actual damages.
GA
Introduced eff 2026-07-01
Any person or entity seeking to use a deceased individual's likeness in a digital replica must obtain consent from the individual given during life, from the individual's estate, or from a legal representative of the individual. The likeness property right survives death for 50 years.
GA
Introduced eff 2026-07-01
Any person or entity must obtain express written consent from the individual before creating, distributing, or exploiting the individual's likeness in a digital replica for commercial purposes. Consent must affirmatively, expressly, and specifically provide for the allowance, extent, purpose, and duration of use. Absence of compensation does not negate the consent requirement. Consent implied by silence, agreement to general terms and conditions, or a prior unrelated agreement is insufficient.
GA
Introduced eff 2026-07-01
No person or entity may claim ownership, authorship, or exclusive rights over an individual's likeness solely by virtue of having used that likeness in a digital replica.
GA
GA HB 1603 (AI Performer Protection) § O.C.G.A. § 10-1-971
Introduced eff 2027-01-01
No individual or production company may publish, display, distribute, transmit, or otherwise make available to the public a digital replica of a performer without the performer's consent. No individual or production company may distribute, import, transmit, or otherwise make available a product or service that is primarily designed to produce digital replicas of a specifically identified performer without consent and that has only limited commercially significant purpose or use beyond producing such unconsented replicas.
GA
GA HB 1603 (AI Performer Protection) § O.C.G.A. § 10-1-971
Introduced eff 2027-01-01
Any person or production company using a performer's digital replica must obtain consent through a written contract that: (1) is limited to a maximum duration of ten years while the performer is living; (2) is signed by the performer or an authorized representative; (3) provides fair compensation to the performer; (4) prohibits perpetual uncompensated use of the digital replica; and (5) includes a reasonably specific description of the intended use. Consent implied by silence, agreement to general terms and conditions, or a prior agreement unrelated to the digital replica is insufficient.
GA
GA HB 1603 (AI Performer Protection) § O.C.G.A. § 10-1-972
Introduced eff 2027-01-01
Production companies must obtain a compliant consent contract meeting the requirements of § 10-1-971(c) before using a digital replica of a performer.
GA
GA HB 566 (NO FAKES Act) § O.C.G.A. § 10-1-952
Introduced
Any person obtaining a license to use a living individual's voice or visual likeness in a digital replica must execute a written license agreement signed by the individual or an authorized representative, include a reasonably specific description of the intended uses, and keep the license duration to no more than ten years.
GA
GA HB 566 (NO FAKES Act) § O.C.G.A. § 10-1-952
Introduced
Any person obtaining a license to use the voice or visual likeness of an individual under 18 in a digital replica must execute a written license signed by the minor or authorized representative, include a reasonably specific description of intended uses, keep the duration to no more than five years (and in any event terminating at age 18), and obtain Georgia court approval of the license.
GA
GA HB 566 (NO FAKES Act) § O.C.G.A. § 10-1-955
Introduced
No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make available to the public a digital replica of an individual's voice or visual likeness without the right holder's consent, where the person has actual knowledge or willfully avoids knowledge that (1) the material is a digital replica and (2) it was not authorized. The prohibition applies regardless of disclaimer; statutory carve-outs cover bona fide news, documentaries, commentary, parody, scholarship, fleeting use, and certain advertising of those works, but no carve-out applies where the replica depicts sexually explicit conduct.
HI
HI SB 2076 (Digital Replica Publicity Rights) § Haw. Rev. Stat. § 482P-1
Introduced eff 2077-01-01
No person may commercially use an individual's likeness — including an AI-generated digital replica of their voice or visual likeness — without consent, because digital replicas now fall within the protected scope of Hawaii's publicity rights statute.
IA
IA HF 2082 (AI Likeness Rights) § Iowa Code § 554J.2
Introduced eff 2026-07-01
No person may use AI to intentionally recreate the audio or visual likeness of an individual without the individual's consent when the likeness is intended to be substantially indistinguishable from the individual and is used for (1) commercial activity, (2) an unsupported political campaign, (3) depicting the individual in activities they would find offensive, (4) diminishing the individual's credibility or reputation, or (5) inducing another person to act or divulge information.
IA
Introduced
Deployers must not make publicly available any chatbot knowingly designed to impersonate a real individual, living or deceased, unless the deployer first obtains permission from: (a) for a living individual, the individual or their legal representative; or (b) for a deceased individual, the person responsible for the individual's estate. If no person is responsible for a deceased individual's estate, the deployer may proceed without permission only if the chatbot was designed solely as an educational or research tool, or a reasonable person would believe the chatbot has objective artistic, cultural, or political value.
IA
Introduced eff 2025-07-01
No person may use AI to intentionally recreate the audio or visual likeness of an individual without consent if the likeness is substantially indistinguishable from the individual and is used for commercial activity, an unsupported political campaign, depicting the individual in offensive activities, diminishing the individual's credibility or esteem, or inducing another person to act or divulge information.
LA
Introduced
No person may commercially publish, display, or use an individual's name, portrait, photograph, image, or other likeness created through generative artificial intelligence without express written or oral consent from the individual, an authorized representative, or (if deceased) the surviving spouse or surviving children.
LA
Introduced
No person may commercially publish, display, or use an individual's name, portrait, photograph, image, or other likeness for trade or advertising purposes without express written or oral consent from the individual, an authorized representative, or (if deceased) the surviving spouse or surviving children.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1703
Introduced eff 2025-10-01
Any person seeking to use a living individual's voice or visual likeness in a digital replica must obtain a written license signed by the individual or their authorized representative, including a reasonably specific description of intended uses, with a maximum duration of 10 years.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1703
Introduced eff 2025-10-01
Any person seeking to use a living minor's voice or visual likeness in a digital replica must obtain a written, signed license with a reasonably specific use description, a maximum duration of 5 years, and court approval where required by law; the license automatically terminates when the minor reaches age 18.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1703
Introduced eff 2025-10-01
Any person seeking to transfer or license a postmortem digital replica right must execute the transfer or license agreement in writing, signed by the right holder or an authorized representative.
MD
MD SB 1025 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1705
Introduced eff 2025-10-01
No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without the consent of the applicable right holder. Liability requires actual knowledge or willful blindness that the material is an unauthorized digital replica. Exceptions apply for bona fide news, documentary/biographical use, commentary, criticism, satire, parody, and fleeting or negligible use — but no exception applies when the digital replica depicts sexually explicit conduct.
MO
Introduced
Any person must not knowingly publish, distribute, or make publicly available algorithmically generated or altered content depicting a real individual without that individual's consent. Enhanced penalties apply when distribution occurs through an online public communication platform.
MO
Introduced
Publishers must not publish a digital impersonation of a Missouri resident — AI-generated synthetic media convincingly replacing or simulating a person's likeness or voice using deep generative methods — without consent and without disclosing that the content is a digital impersonation or that its authenticity is disputed. Violation exposes the publisher to declaratory relief; for paid advertisements, liability runs only to the person or entity that originated, ordered, placed, or paid for the advertisement. Expedited preliminary declaratory relief is available within two business days when the impersonation depicts sexual content, criminal conduct, or threatens significant personal, financial, or reputational harm.
MO
Introduced eff 2027-01-01
Deployers must include on any AI-generated content depicting a real individual a prescribed disclaimer stating that the content is AI-generated and does not reflect the actual statements or actions of the depicted individual, must verify the authenticity of the content, and must obtain consent from the depicted individual before generating such content, except when the content is used for parody or satire.
NJ
Introduced
Any individual or entity must obtain consent from the depicted person (or the parent/guardian of a depicted minor) before publishing, distributing, transmitting, or otherwise making available a realistic AI-generated representation of that person's image, likeness, or voice. Affirmative defenses include: labeling the content as GenAI-produced, contextual use where a reasonable person would assume AI origin, or satire/parody of a public figure.
NM
Introduced eff 2026-07-01
No person or entity may commercially use an individual's voice or visual likeness in a digital replica without express written consent from the individual or an authorized right holder, including post-mortem rights that extend up to 70 years after death.
NM
Introduced eff 2026-07-01
No person may produce, publish, reproduce, display, distribute, or otherwise make available a digital replica of an individual's voice or visual likeness in New Mexico without the written consent of the individual or right holder. Liability requires actual knowledge or willful avoidance of knowledge that the material is an unauthorized digital replica. Exclusions exist for bona fide news, documentaries, commentary, criticism, scholarship, satire, parody, and fleeting use — but no exclusion applies when the digital replica depicts sexually explicit conduct. A disclaimer or AI-generation disclosure is not a defense.
NM
Introduced eff 2026-07-01
AI tool providers and distributors must not offer products or services primarily designed to produce unauthorized digital replicas, having only limited legitimate commercial purpose, or marketed for producing unauthorized digital replicas — or face secondary liability.
NY
Introduced
Owners, licensees, or operators of visual or audio generative AI systems must implement a reasonable method to prevent users from creating unauthorized realistic depictions of a covered person (public officeholder or candidate for public office) within 60 days of receiving notice from that covered person. A method is considered reasonable when it is consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain, and up to date.
NY
NY AB 3924 (Right to Your Own Image Act) § N.Y. Civ. Rights Law § 50
Introduced
Any person, firm, or corporation must obtain written consent before using a living person's name, portrait, picture, likeness, or voice — including a portrait, picture, likeness, or voice created or altered by AI or other digitization technology — for advertising or trade purposes. Unauthorized use is a misdemeanor.
NY
NY AB 3924 (Right to Your Own Image Act) § N.Y. Civ. Rights Law § 51
Introduced
Any person, firm, or corporation must not use a person's name, portrait, picture, likeness, or voice — including versions created or altered by AI or other digitization technology — for advertising or trade purposes without prior written consent. Aggrieved individuals may seek injunctive relief, actual damages, and exemplary damages for knowing violations.
NY
NY SB 8308 (AI Deceptive Practices Act) § Civil Rights Law §§ 50, 51
Introduced
No person, firm, or corporation may use for advertising or trade purposes any person's name, portrait, picture, likeness, or voice — including AI-generated digital replicas — without first obtaining that person's written consent (or a minor's parent/guardian consent).
NY
NY SB 8721 (AI Digital Likeness Rights) § Civ. Rights Law § 50-h
Introduced
Any person must obtain prior consent from a depicted individual before using that individual's name, voice, signature, still or video image, or likeness — created or altered by AI, machine learning, or other digitization technology — on products, merchandise, goods, or for advertising, selling, or soliciting purchases. Broad carve-outs apply for literary, artistic, news, entertainment, public-interest, and political-campaign uses, but embedded product advertising within otherwise exempt works remains actionable.
OH
Introduced
No person may use any aspect of an individual's persona, or a modified facsimile of an individual's persona that would confuse a reasonable trier of fact, without written consent from the individual or authorized rights holder. This prohibition applies during the individual's lifetime, for 60 years post-mortem, and for 10 years post-mortem for Ohio National Guard or U.S. armed forces members. Exemptions apply for news, public affairs, sports broadcasts, and political campaign uses.
OK
OK HB 3299 (Synthetic Media & Deepfakes) § 21 Okl. St. § 1629(A)
Introduced
No person may create and disseminate digitized or synthetic media depicting another person's name, image, voice, or likeness without that person's written consent when done with the intent to cause emotional, financial, physical, or reputational harm. An exception applies when the sole purpose is news reporting, commentary, satire, or parody.
OK
Introduced eff 2026-11-01
No person may commercially publish, display, or use an individual's name, portrait, photograph, image, or other likeness created through generative artificial intelligence without express consent from the individual, an authorized representative, or (if deceased) from surviving family members. Exceptions apply for bona fide news reporting, resale with prior consent, and incidental public photographs. Actions must be brought within 40 years of the individual's death.
PA
Introduced
Absent opt-in consent, digital platforms must disable AI simulation of a user, refrain from generating any content that appears to originate from that user, and clearly mark the account as inactive or memorialized where applicable.
PA
Introduced
Digital platforms must not monetize, advertise, or commercially exploit a post-mortem AI simulation of a user without both pre-death consent (clear, conspicuous, and separate from terms of service and other consents) and written confirmation from the estate representative; this consent is revocable and expires five years after death unless renewed.
PA
PA HB 431 (AI-Generated Impersonation) § 18 Pa.C.S. § 4122(a)–(b)
Introduced
A person must not disseminate an artificially generated visual image or auditory vocalization that impersonates a real individual without that individual's consent, if the person knows or has reason to know the content was artificially generated. Violation is a misdemeanor of the first degree, elevated to a felony of the third degree if committed with intent to defraud or injure.
SC
SC HB 3404 (ELVIS Act) § S.C. Code § 39-5-190(D)
Introduced
No person may knowingly use an individual's name, photograph, voice, or likeness for advertising, fundraising, or solicitation without the individual's prior consent (or parental/guardian consent for minors, or estate consent for deceased individuals).
SC
SC HB 3404 (ELVIS Act) § S.C. Code § 39-5-190(D)
Introduced
No person may publish, perform, distribute, transmit, or make available to the public an individual's voice or likeness with knowledge that the use was not authorized by the individual (or parent/guardian for minors, or estate representative for deceased individuals).
SC
SC HB 3404 (ELVIS Act) § S.C. Code § 39-5-190(D)
Introduced
No person may distribute, transmit, or make available any algorithm, software, tool, or other technology whose primary purpose or function is the production of an individual's photograph, voice, or likeness without authorization from the individual (or parent/guardian for minors, or estate representative for deceased individuals).
TX
TX HB 3950 (Digital Replication Rights) § Bus. & Com. Code § 651.053
Introduced eff 2025-09-01
No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make available to the public a digital replica of an individual's voice or visual likeness without the written consent of the right holder.
US
Introduced
No person or entity may commercially publish, display, distribute, or use an individual's voice or visual likeness created through generative AI (as a digital replica) without express authorization from the individual or right holder. Licenses must be in writing, signed, include a reasonably specific description of intended uses, and are capped at 10 years during life (5 years for minors, with court approval required). The right survives death for up to 70 years with renewable post-mortem terms registered with the Copyright Office.
US
Introduced
No person or entity may reproduce, distribute, publicly display, perform, or create derivative works based on a U.S. citizen's unique likeness — including via AI-generated digital replicas or synthetic media — without express authorization from the owner or their authorized licensee, heir, or assignee.
US
Introduced
No person or entity may commercially publish, display, distribute, or use an individual's voice or visual likeness in a digital replica — or in connection with a product or service designed to produce unauthorized digital replicas — without express authorization from the individual or the applicable right holder.
US
Introduced
Any person or entity must not publicly display, distribute, transmit, or otherwise make available unauthorized digital replicas, and must not distribute, import, or make available products or services that are primarily designed to produce, have only limited commercially significant use other than to produce, or are marketed as producing unauthorized digital replicas of specifically identified individuals. Online service providers incur liability only upon receiving a compliant notification or court order (or willfully avoiding receipt). Non-platform actors must have actual knowledge or willfully avoid such knowledge.
VA
Introduced
No person, firm, or corporation may use any person's name, portrait, picture, voice, or likeness for advertising or trade purposes without first obtaining the written consent of the individual (or, if deceased, the surviving consort or next of kin; or, if a minor, the parent or guardian).
CA
Failed
Any person or entity that sells or provides access to AI technology designed to create synthetic content must display a consumer warning that misuse of the technology may result in civil or criminal liability for the user, in the form and content specified by the Department of Consumer Affairs.
CA
Failed
Any person who uses an AI-generated synthetic voice or likeness of another person without consent for commercial purposes is liable under California's right of publicity statute, where a reasonable person would believe the synthetic content is genuine. Synthetic content is deemed to be the actual voice or photograph of the depicted person.
CO
Failed eff 2026-02-12
No person may use another individual's personally identifying feature — fingerprint, voiceprint, retina or iris scan, or facial map/geometry/template — in an advertisement, deepfake, image, video, voice recording, or any other digital depiction without the individual's permission. Violation is a class 5 felony. Exceptions apply for: (1) content distributed in connection with a criminal investigation or reporting criminal conduct; (2) government official acts; (3) news, public affairs, or sports broadcasts; (4) comment, criticism, scholarship, satire, or parody; (5) authentic self-depiction in an audiovisual work (unless the work creates a false impression of authentic participation); (6) fleeting or incidental use; (7) advertisements for exempt audiovisual works; and (8) any other First Amendment-protected activity.
CO
Failed eff 2026-02-12
No person may use another individual's personally identifying feature — fingerprint, voiceprint, retina or iris scan, or facial map/geometry/template — in an advertisement, deepfake, image, video, voice recording, or any other digital depiction without permission and with the intent to harm the individual whose feature is used. Violation is a class 4 felony (elevated from class 5 for the base offense). The same exceptions apply as for the base offense.
FL
FL HB 1395 (AI Bill of Rights) § Fla. Stat. § 540.08
Failed eff 2026-07-01
No person may commercially publish, print, display, or use the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without express written or oral consent from the individual, an authorized representative, or (for deceased individuals) the surviving spouse or children.
FL
FL SB 2 (AI Bill of Rights) § Fla. Stat. § 540.08
Failed eff 2026-07-01
No person may publish, print, display, or otherwise publicly use for trade, commercial, or advertising purpose an individual's name, portrait, photograph, image, or other likeness created through generative AI without the individual's express written or oral consent (or, for a deceased individual, the authorized licensee or surviving spouse/children).
FL
FL SB 482 (AI Bill of Rights) § Fla. Stat. § 540.08
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No person may publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without the express written or oral consent of the individual, an authorized representative, or — if the individual is deceased — an authorized person or any one of the deceased individual's surviving spouse or surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child. Post-mortem rights expire 40 years after the individual's death.
HI
HI HB 2607 (AI Deepfakes & Publicity Rights) § HRS § 482P-1 (as amended)
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No person may commercially use an AI-generated or materially AI-altered depiction of an individual's face, body, or characteristic without consent, because AI deepfakes are now expressly included within the protected scope of an individual's likeness under Hawaii's right of publicity.
IL
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No person may produce a digital replica of an individual's image, voice, or visual likeness without consent, or knowingly publish, distribute, transmit, or make available an unauthorized digital replica. Exceptions apply for news, documentary, biographical, satirical, parody, scholarly, and de minimis uses.
IL
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Any person seeking to use a digital depiction or digital voice replica of an individual for a new performance in an advertisement or expressive work must obtain a written agreement with the individual (or court approval if the individual is under 18), where the individual is represented by counsel, or the use must be governed by a collective bargaining agreement.
IL
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No person or entity may distribute, transmit, or otherwise make available to the public a personalized cloning service without the consent of the individual whose voice or likeness rights are affected.
IL
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No person or entity may publish, perform, distribute, transmit, or otherwise make available to the public a digital voice replica or digital depiction with knowledge that the replica or depiction was not authorized by the individual holding the voice or likeness rights.
IL
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No person or entity may materially contribute to, direct, or otherwise facilitate the unauthorized distribution of a personalized cloning service or the unauthorized publication of a digital voice replica or digital depiction, with knowledge that the affected individual has not consented.
IL
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No person may commercially publish, display, distribute, or use an individual's name, portrait, voice, likeness, or other identity attribute — including AI-generated or simulated versions — without express consent. Any person who materially contributes to, induces, or otherwise facilitates such a violation after having reason to know of the violation is independently liable.
MD
MD HB 1331 (AI Consumer Protection) § Md. Code, Com. Law § 14–5102
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Any agreement authorizing the creation or use of an AI-generated digital copy of a person's voice or image in lieu of live performance is unenforceable unless it includes (1) an easily understandable description of the digital copy's intended uses, (2) the licensing terms governing use, and (3) the person was represented by a lawyer or a union with a collective bargaining agreement covering digital copies.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1703
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Persons seeking to use an individual's voice or visual likeness in a digital replica must obtain a written, signed license that includes a reasonably specific description of intended uses, does not exceed 10 years for adults or 5 years for minors, and (for minors) includes court approval if required by law; minor licenses terminate automatically at age 18.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1703
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Persons acquiring post-mortem rights to use a deceased individual's voice or visual likeness in a digital replica must execute a written transfer or license agreement signed by the right holder or authorized representative.
MD
MD HB 1407 (NO FAKES Act – Digital Replica Rights) § Md. Code, Com. Law § 11-1705
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Persons must not produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without the consent of the applicable right holder. Liability requires actual knowledge or willful avoidance of knowledge that the material is an unauthorized digital replica. Exceptions exist for bona fide news, documentary, commentary, criticism, scholarship, satire, parody, and fleeting uses — but no exception applies to digital replicas depicting sexually explicit conduct.
ME
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Any person must obtain written permission from a minor's parent or guardian before using or displaying the minor's picture, image, or likeness in an advertisement.
ME
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Any person must not use or display in an advertisement a picture, image, or likeness of a specific minor that was artificially generated by technology, including artificial intelligence — regardless of parental consent.
MS
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Any person must obtain prior consent from the individual (or parent/guardian for minors, or executor/heirs/devisees for deceased individuals) before knowingly using that individual's name, photograph, voice, or likeness in any medium for advertising, merchandising, fundraising, or solicitation purposes.
MS
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Any person must not publish, perform, distribute, transmit, or otherwise make available to the public an individual's voice or likeness with knowledge that the use was not authorized by the individual (or parent/guardian for minors, or executor/heirs/devisees for deceased individuals).
MS
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Any person must not distribute, transmit, or otherwise make available an algorithm, software, tool, or other technology, service, or device whose purpose is the production of a particular identifiable individual's photograph, voice, or likeness, with knowledge that the distribution was not authorized by the individual (or parent/guardian for minors, or executor/heirs/devisees for deceased individuals).
MS
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Any person seeking to use an individual's digital depiction or digital voice replica for a new performance in an advertisement or expressive work must obtain the individual's authorization through a written agreement in which the individual was represented by counsel and was at least 18 years old (or the agreement was court-approved if under 18), or through a collective bargaining agreement.
MS
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No person or entity may distribute, transmit, or otherwise make available to the public a personalized cloning service without the consent of the holder of the likeness or voice rights of the individuals targeted by the service. A disclaimer of non-authorization is not a defense.
MS
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No person or entity may publish, perform, distribute, transmit, or otherwise make available to the public a digital voice replica or digital depiction with knowledge that it was not authorized by the holder of the affected likeness or voice rights. A disclaimer of non-authorization is not a defense.
MS
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No person or entity may materially contribute to, direct, or otherwise facilitate the distribution of a personalized cloning service or the publication of an unauthorized digital voice replica or digital depiction with knowledge that the rights holder has not consented.
MS
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No firm, business, or person may commercially use the name, voice, or likeness of an individual — including AI-generated replicas — without first obtaining written consent from the individual or their authorized representative.
MS
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Any person seeking to use an individual's digital depiction or digital voice replica for a new performance in an advertisement or expressive work must obtain consent through a written agreement in which the individual was represented by counsel and was at least 18 years old (or had court approval if a minor), or through a collective bargaining agreement.
MS
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No person or entity may distribute, transmit, or otherwise make available to the public a personalized cloning service targeting an individual without the consent of the holder of the affected likeness or voice rights.
MS
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No firm, business, or person may commercially use an individual's name, voice, or likeness without first obtaining written consent from the individual. Unauthorized commercial use is subject to injunctive relief, actual damages including attributable profits, treble damages if the defendant failed to make a good-faith effort to secure authorization, and reasonable attorney's fees.
MS
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Any person must obtain prior consent from an individual (or a minor's parent/guardian, or a deceased individual's executor/heirs) before knowingly using that individual's name, photograph, voice, or likeness for advertising, fundraising, or solicitation purposes.
MS
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Any person must not publish, perform, distribute, transmit, or otherwise make available to the public an individual's voice or likeness with knowledge that use was not authorized by the individual (or, for a minor, the minor's parent/guardian, or for a deceased individual, the executor/heirs).
MS
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Any person must not distribute, transmit, or otherwise make available an algorithm, software, tool, or other technology whose purpose is producing an identifiable individual's photograph, voice, or likeness, with knowledge that the individual (or minor's parent/guardian, or deceased individual's executor/heirs) did not authorize the distribution.
NY
NY AB 6758 (Synthetic Media in Advertising) § Gen. Bus. Law § 396-b(3)
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Advertisers may not use synthetic media depicting a natural person without that person's consent; the inclusion of a synthetic-media disclaimer is not a defense when the depicted person has not consented.
OK
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Entities must obtain consent from Oklahoma citizens before generating any AI-created derivative media that uses audio recordings of the citizen's voice or images to recreate the citizen's likeness.
TX
TX SB 1960 (Digital Replica Rights) § Bus. & Com. Code § 651.053
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No person may produce, publish, reproduce, display, distribute, transmit, or otherwise make publicly available a digital replica of an individual's voice or visual likeness without the right holder's written consent.
US
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Any person or entity seeking to use a digital depiction or digital voice replica for a new performance in an advertisement or expressive work must obtain the individual's consent through a written agreement where the individual was represented by counsel and was at least 18 (or had court approval if a minor), or through a collective bargaining agreement.
US
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No person or entity may distribute, transmit, or otherwise make available to the public a personalized cloning service without the consent of the individual whose voice or likeness rights are affected.
US
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No person may commercially publish, display, distribute, transmit, or use an individual's voice or visual likeness in a digital replica without express consent from the right holder. Licenses must be in writing, signed, describe intended uses, and may not exceed 10 years during the individual's lifetime (5 years for minors, with court approval). Post-mortem rights survive for at least 10 years, renewable in 5-year increments up to 70 years, subject to registration with the Copyright Office.
US
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No person may knowingly produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica without consent of the right holder. Liability requires actual knowledge or willful avoidance of knowledge. Exclusions apply for news, documentary, commentary, criticism, satire, parody, fleeting use, and related advertisements — but no exclusion applies when the digital replica depicts sexually explicit conduct.
US
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Providers of AI tools or services capable of producing digital replicas are shielded from secondary liability unless the product is primarily designed to produce unauthorized replicas, has only limited legitimate commercial use, or is marketed for use in producing unauthorized replicas.
US
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No person or entity may produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without express consent from the individual or right holder. Licenses must be in writing, signed, and include a reasonably specific description of intended uses; living-individual licenses are capped at 10 years, and minor licenses at 5 years with court approval.
WI
Failed eff 2026-03-23
Any person must not create and post, publish, distribute, or exhibit a synthetic digital representation of an identifiable individual without that individual's consent with intent to coerce, harass, or intimidate (Class A misdemeanor). Exceptions apply for technology providers/developers, interactive computer services hosting third-party content, newsworthy content, content labeled with prescribed AI-generated disclosure text, and law enforcement acting in official duties.
WI
Failed eff 2026-03-23
Any person must not create and post, publish, distribute, or exhibit a synthetic digital representation of an identifiable individual without that individual's consent with intent to defraud, coerce, or intimidate for monetary gain (Class I felony).