Q: I heard there’s a new federal law about deepfakes. What does it mean for criminal cases?
A: Congress passed the TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks), and the U.S. Sentencing Commission is now proposing guideline amendments to address sentencing for offenses under this new law.
What the Law Does
The TAKE IT DOWN Act criminalizes certain uses of deepfake technology, particularly the creation and distribution of non-consensual intimate imagery created using artificial intelligence. It also creates obligations for platforms to remove such content.
How This Intersects with Existing Criminal Law
Deepfake technology creates new challenges for both prosecutors and defense attorneys. On the prosecution side, deepfakes can be used to create exploitative imagery that is indistinguishable from real photographs. On the defense side, deepfake technology raises questions about the authenticity of evidence: if AI can create realistic fake images and audio, how can a jury be certain that evidence presented against a defendant is genuine?
Sentencing Guidelines Impact
The Sentencing Commission’s proposed 2026 amendments include updating guideline provisions to account for offenses under the TAKE IT DOWN Act. This includes amendments to the threatening communications guidelines and potentially to child exploitation guidelines.
Implications for North Carolina
While the TAKE IT DOWN Act is federal law, North Carolina may also pursue state-level legislation addressing deepfakes. Defense attorneys should be aware of both federal and state developments in this rapidly evolving area.
Related Practice Areas
Federal Criminal Defense | Your Rights | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.