Forty-eight American states have now enacted laws covering the creation or distribution of sexually explicit deepfakes, according to the third annual survey of state legislation by Ballotpedia, a non-profit that tracks US politics and policy.
The count rose from 46 in January to 48 by 23 July, the cut-off for the report. Only Ohio and New Mexico have no such law.
What those 48 laws do is not uniform. Ballotpedia describes them as laws “concerning the creation or distribution of deepfakes that depict explicit sexual acts or other sensitive content”, and notes that some address only the creation and distribution of child sexual abuse material, while others cover the non-consensual creation and distribution of adult intimate images. A woman whose image is used to make a sexual deepfake is therefore not equally protected across the 48.
The two gaps
Ohio has enacted no deepfake legislation of any kind — neither on sexual material nor on political communications. Its Senate passed Senate Bill 163 unanimously on 20 May, criminalising the making, sending or possession of AI-generated child sexual abuse material and requiring AI systems to watermark the images they produce. It went to the House and has not become law. It does not cover adults.
New Mexico’s position is different. It is one of 33 states with a law regulating deepfakes in political advertising, but it has not legislated on sexual ones. It has addressed the use of synthetic media against candidates, and not against women.
Neither state is without any law. All 50 states and the District of Columbia prohibit the distribution or production of non-consensual intimate images, according to Ballotpedia’s separate tracking, current as of June. The gap in Ohio and New Mexico is specifically about material that has been generated or altered by artificial intelligence.
Federal law also reaches it. The Take It Down Act, signed in May 2025, criminalises the non-consensual publication of intimate images including deepfakes in some circumstances, and required covered platforms to put removal processes in place by 19 May this year.
The first person convicted under that act was from Ohio. James Strahler II, 37, pleaded guilty on 7 April to cyberstalking, producing child sexual abuse material and publishing digital forgeries — the statute’s term for deepfakes. The Justice Department said he had used images of boys he knew to create sexual material of them. In May it announced the arrests of two men over albums said to depict about 140 female victims, and in June it seized two websites that distributed AI-generated nude images of women.
Slowing down
State legislating on deepfakes is losing pace. Lawmakers enacted 58 deepfake-related bills of all kinds in 2026 up to 23 July, against 64 by the same date in 2025. Almost half of this year’s enacted bills had sponsors from both parties.
Laws on political deepfakes grew faster this year than sexual ones, from 28 states in January to 33 in July. Those laws have run into the First Amendment in a way the sexual ones have not: Senior US District Judge John Mendez blocked enforcement of California’s AB 2839 in October 2024, and Ballotpedia records three states whose pre-election prohibitions carry no exemption for material that discloses it is synthetic.
Ballotpedia tracks bills, not prosecutions, and no state publishes figures on charges brought under its deepfake laws. Minnesota’s ban on nudification tools, which took effect on 1 August after a federal judge refused Elon Musk’s xAI an order pausing it, is among the newest and the most directly aimed at the tools themselves rather than the people who use them.










