Explicit Images
Regulating AI CSAM and Intimate Images
Regulation of AI-created intimate images, often referred to as “deep fakes” has been broadly adopted by states and the federal government. Such regulations can generally be divided into two groups: regulations targeting Child Sexual Abuse Material (CSAM) and regulations targeting non-consensual intimate images of adults.
Child Sexual Abuse Material (CSAM)
Many states have taken aggressive stances toward AI-generated CSAM, typically expanding existing child exploitation laws to explicitly cover synthetic or computer-generated materials. Many states have amended their statutes to clarify that CSAM laws apply regardless of whether real children were used to create the images, closing potential loopholes that could have excluded AI-generated content. Some of these laws, like Arizona’s HB 2678, make AI-generated explicit visual depictions a crime when such images depict an actual minor. Others, like Texas’s SB 20, more broadly prohibit explicit images of minors, regardless of whether the images depict an actual minor. These broader prohibitions may raise First Amendment free-speech concerns under the Supreme Court case Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), which struck down provisions in the Child Pornography Act of 1996 as overly broad.
Non-Consensual Intimate Images (Revenge Porn and Deepfakes)
Non-consensual intimate images is one of the few AI-related areas to be regulated by federal law: The federal TAKE IT DOWN Act, signed into law in May 2025, requires covered platforms to establish notice-and-takedown processes and remove non-consensual intimate images within 48 hours. The TAKE IT DOWN Act does not, however, preempt the several state laws that also regulate non-consensual intimate images generated by AI. Many states have extended existing state laws to cover images generated by artificial intelligence (See, e.g., California’s Senate Bill No. 926). In contrast, Louisiana has adopted standalone laws related to deepfakes and non-consensual intimate images (See 14 La. Rev. Stat. Ann. § 73.13-14).
| Jurisdiction | Statute/Order | Link | Effective Date |
| Alabama | Alabama Child Protection Law | HB 168 | 10/1/24 |
| Arizona | Amendment of Arizona Intimate Images Law | Arizona Revised Statutes Section 13-1425 | 9/25/25 |
| Arkansas | Amendment of Arkansas CSAM Laws | HB1877 | 7/21/25 |
| California | Amendment of California CSAM Laws | Cal. Penal Code Part 1; Title 9; Chapter 7.5 (311-312.7) | 1/1/25 |
| California | Digital Identity Theft Act | SB 981 | 1/1/25 |
| California | Amendment of California Law Governing Distribution of Intimate Images | SB 926 | 1/1/25 |
| Colorado | Preventing Unauthorized Disclosure of Intimate Digital Depictions Act | SB 288 | 8/6/25 |
| Delaware | Amendment to the Delaware Code Relating to Deepfakes | HB 353 | 8/7/24 |
| Florida | Amendment of Florida CSAM Laws | SB 1680 | 1/1/25 |
| Georgia | Amendment of Georgia CSAM Law | SB 466 | 7/1/24 |
| Georgia | Prohibition on Nude or Sexually Explicit Electronic Transmissions | Ga. Code § 16-11-90 | 5/2/22 |
| Hawaii | Amendment to Intimate Image Law | SB 309 | 6/23/21 |
| Indiana | Amendment of Indiana Law Governing Distribution of Intimate Images | HB 1047 | 3/12/24 |
| Kentucky | Amendment to CSAM Law and Intimate Images Law | HB 207 | 3/28/24 |
| Louisiana | Louisiana Deepfake Law | 14 La. Rev. Stat. Ann. § 73.13 | 8/1/23 |
| Louisiana | Louisiana AI Intimate Image Law | 14 La. Rev. Stat. Ann. § 73.14 | 8/1/24 |
| Maryland | Amendment to the Maryland CSAM Statute | MD. Code., Crim. Law 11-208 | 10/1/23 |
| Massachusetts | Amendment to the Massachusetts Intimate Images Law | HB 4744 | 6/20/24 |
| Minnesota | Amendment to the Minnesota CSAM Statute | HF2432 | 8/1/25 |
| Minnesota | Non-Consensual Dissemination of a Deepfake | HF 1370 | 8/1/23 |
| Montana | Montana Explicit Synthetic Media Law | MCA Title 45, Chapter 5, Part 6 | 5/12/25 |
| Montana | Privacy in Communications Law | MCA Section 45-8-213 | 10/1/25 |
| Nebraska | Amendment of Nebraska CSAM Laws | LB 383 | 7/1/26 |
| New York | Amendment to the New York Statute Prohibiting Unlawful Dissemination or Publication of Intimate Images | SB1042A | 11/28/23 |
| North Carolina | North Carolina Intimate Images Laws and Amendment of CSAM Laws | HB 591 | 1/1/24 |
| Oklahoma | Amendment to Oklahoma CSAM Laws | HB 3642 | 11/1/24 |
| Oklahoma | Amendment of Oklahoma Law Governing Distribution of Intimate Images | Section 1040.13b | 11/1/25 |
| Pennsylvania | Amendment of Pennsylvania CSAM Laws | SB 1213 | 12/28/24 |
| Pennsylvania | Amendment of Pennsylvania Intimate Images Laws | SB 1213 | 12/28/24 |
| South Dakota | Amendment of South Dakota CSAM Laws | SB 79 | 2/12/24 |
| Tennessee | Amendment of Tennessee CSAM Laws | HB 2163 | 7/1/24 |
| Texas | Amendment to the CSAM Statutes | SB 1621 | 9/1/25 |
| Texas | Visual Material Appearing to Depict a Child | SB 20 | 9/1/25 |
| Texas | Amendment of Texas CSAM Laws | HB 2700 | 9/1/23 |
| Texas | AI Sexual Material Harmful to Minors | HB 581 | 9/1/25 |
| Texas | Unlawful Production or Distribution of Certain Sexually Explicit Material | HB 441 | 9/1/25 |
| Texas | Unlawful Distribution of Sexually Explicit Videos | SB 1361 | 9/1/23 |
| Utah | Sexually Explicit Minor Amendments | HB 238 | 5/1/24 |
| Utah | Artificial Pornographic Images Amendments | HB 148 | 5/1/24 |
| Vermont | Amendment of non-consensual sexual image dissemination statute | H 878 | 6/6/24 |
| Virginia | Amendment to CSAM statute | SB 731 | 7/1/24 |
| Virginia | Amendment to the Unlawful Dissemination of Images of Another Statute | B 2678 | 7/1/19 |
| Washington | Amendment to Intimate Images and CSAM Laws | HB 1999 | 1/6/24 |
| West Virginia | Crimes Against Chastity, Morality and Decency – CSAM/Intimate Images | SB 198 | 7/9/25 |
| Wisconsin | AI CSAM | Amendment to the CSAM Statute | 10/4/24 |