US-New YorkCan a deepfake of me be used without my permission in New York?
No — New York law prohibits using deepfakes that depict you in sexually explicit content without your consent, and bans unauthorized use of your name, voice, signature, photograph, or likeness for commercial purposes.
What the Law Says
New York has two key laws addressing unauthorized deepfake use: one targeting nonconsensual sexually explicit imagery (including AI-generated 'deepfake porn'), and another protecting against unauthorized commercial use of a person’s identity.
Under the 'Deepfake Pornography Prohibition Act' (effective November 1, 2023), it is illegal to create, possess, or distribute digitally altered visual media that depicts a person engaging in sexually explicit conduct without their consent. This applies even if the person is not real or the image is wholly synthetic — as long as it appears to depict an actual living person.
Separately, New York Civil Rights Law §§ 50–51 protects individuals from unauthorized commercial use of their 'name, portrait, picture, or voice'. Courts have interpreted 'picture' broadly to include digital likenesses — meaning a realistic deepfake used in ads, endorsements, or influencer-style content likely violates this law.
Violations of the Deepfake Pornography Prohibition Act are punishable by up to one year in jail and/or a $1,000 fine per offense. Civil lawsuits under § 51 can yield damages, injunctions, and attorney’s fees.
Statutory TextA person is guilty of unlawful dissemination of an intimate image when he or she knowingly disseminates an intimate image of another person without such person's consent...
— Penal Law § 245.15 — Unlawful dissemination of an intimate image
Statutory TextAny person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade without the written consent of such person... may maintain an equitable action...
— Civil Rights Law § 51 — Right of privacy
What to Do
Preserve evidence: Save screenshots, URLs, timestamps, and metadata of the deepfake.
Demand removal: Send a cease-and-desist letter citing Penal Law § 245.15 and/or Civil Rights Law § 51.
Report to law enforcement: File a complaint with your local district attorney for criminal prosecution under § 245.15.
File a civil lawsuit: Seek injunction, damages, and attorney’s fees under Civil Rights Law § 51.
Contact NY AG’s Office: Report violations to the New York Attorney General’s Civil Rights Bureau.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.