Take it Down Act Makes Sharing AI Deepfake Porn a Federal Crime

 Posted on June 30, 2025 in Sex Crimes

Over the past few years, artificial intelligence (AI) tools have become available, allowing people to easily create a variety of content, including computer-generated images and videos. Some of these tools may be used to create "deepfake" images and videos that appear to show actual people. In some cases, deepfake materials are pornographic, depicting well-known celebrities or other people in sexual situations. 

Because of the harm that may be caused to people who are depicted in this manner, activists have been working to pass laws to make sharing deepfake porn illegal. Congress recently passed the Take it Down Act, and President Trump signed this act into law, making these activities a federal crime.

As laws change and new uses of technology emerge, people may face criminal charges because they have created certain types of images or videos using AI or shared these materials with others. The penalties for these offenses can be serious, and a person’s reputation and relationships may also be affected. To address charges related to deepfake porn, revenge porn, or other similar materials, it is important to work with an attorney who can provide a strong defense.

Federal Charges for Nonconsensual Pornography

As explicit images or videos shared without the consent of the people depicted have become more common, lawmakers have scrambled to address this issue. Previously, Congress passed laws prohibiting the sharing of realistic computer-generated images of minors. The Take it Down Act has updated these laws, making it illegal to share AI-generated images and videos of both adults and children.

The law addresses both computer-generated materials and authentic photos or videos of people that are shared without their consent. Criminal charges may apply if a person publishes or shares materials depicting an identifiable person in a sexually explicit manner. These materials may include images that appear to depict a person’s intimate body parts or videos that show a person engaging in sexual intercourse or other sexual activities. A person could be charged with an offense if they post materials to a public website, share images or videos on social media, or send materials to others through email or messaging apps. 

If the publication of deepfake porn or revenge porn is intended to cause harm or actually causes the adult depicted to suffer psychological trauma, financial losses, or reputational damage, the person who shared the materials could be charged with an offense. If convicted, a person may be required to pay large fines, and they could be sentenced to prison. In cases involving depictions of adults, the maximum prison sentence is two years, and in cases involving depictions of minors, the maximum sentence is three years. A person may also be required to pay restitution to the person or people who were affected by sharing materials without their consent.

Contact Our Connecticut Federal Crime Defense Lawyers

There are many situations where people may be accused of crimes when they did not realize that their actions were illegal. Those who use AI tools to create or share materials could face criminal charges and serious penalties, and they will need to understand what steps to take to address the accusations against them and defend against a conviction or minimize the penalties that could affect their lives. 

At Woolf & Ross Law Firm, LLC, we have a strong understanding of the federal laws that apply in these situations, and we have experience defending clients in federal courts. To get legal help with criminal charges related to online activities, contact our Hartford federal criminal defense attorneys at 860-290-8690 and set up a free consultation.