A new bipartisan bill designed to combat artificial intelligence-created deepfakes and revenge porn is now headed to the President’s desk to be signed into law. This landmark legislation, as reported by FOX 4 News, creates powerful new federal crimes for producing or distributing sexually explicit deepfakes without consent, with penalties that include decades in prison.
If you are under investigation or believe you could be charged under this new statute, it is critical to contact an experienced Plano federal crime defense attorney immediately. The stakes are exceptionally high.
Close-up of a smartphone displaying a distorted AI-generated face, symbolizing the digital evidence in deepfake cases.
AI-generated content is at the heart of new federal deepfake crime laws.
What is the New Federal Deepfake Law?
The “Taking Action Against Non-Consensual Distribution of Intimate Deepfake Media Act” closes a significant gap in the legal system, which has struggled to keep pace with rapidly evolving AI technology.
The law makes it a federal crime to:
- Knowingly produce a sexually explicit “digital forgery” (deepfake) without the consent of the individual depicted.
- Knowingly distribute such a deepfake by any means, including electronic means, without consent.
Critically, the law states that an offense occurs regardless of whether the depicted individual is identifiable from the deepfake itself or from other identifying information distributed with it.
What Are the Penalties for a Federal Deepfake Conviction?
The consequences of a conviction under this new law are severe and life-altering. The law classifies these offenses as felonies, with penalties that can include:
- Substantial Federal Prison Sentences, potentially ranging from years to decades depending on the specifics of the case and the defendant’s criminal history.
- Crippling Monetary Fines.
- A Permanent Federal Criminal Record, which will severely impact future employment, housing, professional licensing, and your reputation.
A federal conviction is not something you can simply move on from. The federal government has immense resources, and they prosecute cases aggressively.
Defenses Against Federal Deepfake Charges
In any criminal case, the burden is on the prosecution to prove every element of the offense beyond a reasonable doubt. For these new deepfake crimes, the keyword is “knowingly.”
Depending on the specifics of your case, a strong defense may include:
- Lack of Knowledge: The prosecution must prove you <i>knowingly</i> created or distributed the deepfake. If you were unaware the material was altered or was being shared, this can be a powerful defense.
- Consent: A complete defense exists if you can prove the depicted individual gave their effective consent for the creation and distribution of the material.
- Misidentification: The prosecution must prove you were the person who created or distributed the deepfake. Challenging the digital evidence and the government’s investigation is a key defense strategy.
- Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights to obtain evidence, your attorney could file a motion to have that evidence suppressed, which could cripple the government’s case.
Federal Deepfake Crime Law: FAQs
Below are answers to some of the most frequently asked questions about the new federal deepfake law. This information is a general overview and does not replace consulting an attorney about your specific case.
Is deepfake porn illegal?
Yes. The creation and distribution of non-consensual sexually explicit deepfakes have been illegal under various state laws, including here in Texas. This new federal law creates a uniform, powerful statute that applies across the entire country.
What is the penalty for deepfake crimes?
Under this new federal law, penalties are felony-level and can include lengthy federal prison sentences, massive fines, and a permanent criminal record.
I didn’t create the deepfake, I just shared it. Can I be charged?
Yes. The law specifically criminalizes both the knowing production and the knowing distribution of non-consensual deepfake pornography.
When does this law go into effect?
The law will go into effect once it is signed by the President. You can be charged for conduct that occurs after that date.
Federal Crime Defense Attorney in Plano, Texas
Allegations of this nature are incredibly serious and can feel overwhelming. Many law firms will be eager to take your case, but few are equipped to handle the complexity of a federal prosecution. Fewer still have the track record of Attorney Kent Starr.
Attorney Starr brings over 28 years of dedicated criminal defense experience to every case. He has a deep and nuanced understanding of the justice system from the defense perspective, which he uses to build aggressive, effective defenses for his clients.
He is not a “plea bargain lawyer” who will pressure you to take the first deal offered. He is a seasoned trial attorney who will not hesitate to take your case before a judge and jury if it is in your best interest.
Take a moment to read his client testimonials. You’ll notice a consistent history of successful outcomes, such as dismissals, not guilty verdicts, and charge reductions. These results often come after representing clients for a year or longer — long after most attorneys would have given up.
Furthermore, Attorney Starr understands that a federal charge is more than just a case; it is a threat to your entire future, your reputation, and your family. He fights with determination and empathy to achieve the resolution that has the least impact on your life.
Mr. Starr has the distinct advantage of being a bail bonds attorney in Plano. If you are in custody, a single call to our firm can secure your release and initiate your defense, eliminating the need to coordinate with a separate bondsman.
Your future is too important to leave to chance. Contact Starr Law, P.C. today for your free and confidential consultation: 214-982-1408.
References
- Bill targeting AI deepfakes, revenge porn heads to Trump’s desk after passing Congress – FOX 4 News Dallas-Fort Worth
- Texas Penal Code, Section 21.165. Unlawful Production Or Distribution Of Certain Sexually Explicit Videos
