The state map, simplified:
- Virginia (2019): among the first to criminalize nonconsensual deepfake pornography outright.
- California: criminal provisions plus civil remedies, part of the broader 2024 AI legislative package.
- New York: unlawful dissemination statutes extended to synthetic intimate imagery.
- Texas: intimate-image provisions cover digitally created content.
- Federal floor: the TAKE IT DOWN Act (2025) now criminalizes it in all 50 states.
Where penalties differ most:
- Criminal vs civil. Some states lead with misdemeanor charges; others give victims a civil lawsuit path with damages. - Intent requirements. A few states punish creation; most punish distribution or publication. - Platform duties. Only the federal law imposes the 48-hour takedown clock on platforms. Sources: Congress.gov, NCSL Bottom line: the federal law ended the era of "my state has no law." The state differences that remain are about how victims sue and how prosecutors charge.