Advances in artificial intelligence have made it increasingly easy to manipulate images and videos in ways that appear realistic. As a result, there has been a noticeable rise in cases where a person’s face or likeness is used without consent to create AI-generated deepfakes, including fake nude or sexually explicit images, impersonation videos, or altered content intended to harass, threaten, or extort.
These situations are not merely offensive or unethical. In many cases, they are criminal or legally actionable under New Jersey law, New York law, or federal statutes. This column explains when AI-generated image misuse crosses the line into illegal conduct and what legal options may realistically be available to victims.
How AI Has Increased Image Misuse
Until recently, creating realistic fake images required a significant level of technical skill, substantial time, and a complex editing process. Today, widely available AI tools allow users to upload a photo and generate altered or explicit images within minutes. These tools are often promoted for entertainment or novelty purposes, but they are increasingly misused to create deepfake pornography, impersonation scams, and online harassment.
Once such content is posted or shared, it can be copied, reposted, and archived quickly. Complete removal from the internet is rarely realistic. The legal system cannot guarantee total erasure, but it can provide mechanisms to address accountability, limit further harm, and pursue legal consequences where appropriate.
When AI Image Misuse Becomes Criminal or Legally Actionable
New Jersey Law
In 2025, New Jersey enacted a statute specifically addressing AI-generated deepfakes. The law makes it a third-degree crime to knowingly create or distribute deceptive audio or visual media using another person’s likeness for the purpose of committing a criminal act. The statute explicitly covers unauthorized manipulated images or videos, including pornographic or sexually explicit content, and allows for both criminal penalties and civil remedies.
Even outside this deepfake-specific law, New Jersey law already criminalizes conduct frequently associated with AI image abuse, including:
- Invasion of privacy through non-consensual distribution of intimate images
- Harassment and cyber-harassment
- Extortion and threats involving reputational harm
- Identity theft and impersonation
The applicable charge depends on the purpose and effect of the misuse, not merely the technology involved.
New York Law
New York criminal law prohibits the non-consensual distribution of intimate images, including AI-generated sexually explicit deepfakes. Disseminating such content without consent may constitute a misdemeanor, even if the image is digitally created rather than an actual photograph.
New York also applies existing statutes to AI-based misconduct, including:
- Coercion and extortion (threats to release images unless money or favors are provided)
- Aggravated harassment
- Criminal impersonation and identity misuse
In addition to criminal charges, victims may pursue civil claims under New York’s privacy and tort laws when fake images cause reputational or emotional harm.
Federal Law
There is no single federal statute that addresses all deepfake activity. However, several federal laws may apply depending on the conduct:
- Federal extortion statutes covering interstate threats to reputation
- Federal stalking and harassment laws involving electronic communications
- Identity theft statutes when AI images are used to defraud or impersonate
Federal jurisdiction may arise when content crosses state lines, involves interstate communications, or targets victims in multiple states.
What the Law Can — and Cannot — Do
It is important to be realistic about the limits of legal remedies.
The law cannot guarantee:
- Complete removal of all copies of an image
- Immediate identification of anonymous perpetrators
- Automatic financial compensation
However, the law can:
- Treat certain deepfake uses as crimes
- Provide grounds for criminal investigation or prosecution
- Support court orders limiting further dissemination
- Allow civil claims in appropriate cases
Whether any of these remedies apply depends heavily on the facts: how the image was created, how it was used, whether it was sexual in nature, and whether there was intent to harass, extort, or deceive.
Can Victims Recover Compensation?
Compensation is possible in some cases, but it is not automatic and never guaranteed.
Courts may consider damages where there is credible evidence of:
- Emotional distress
- Therapy or counseling expenses
- Lost income or business opportunities
- Reputational harm
Successful recovery often depends on identifying the responsible party, proving intentional misconduct, and showing measurable harm. Anonymous online abuse presents additional challenges, and some cases may be resolved through criminal enforcement rather than civil damages.
Key Takeaways for Victims
AI-generated image abuse is a serious and growing issue, particularly where deepfakes are used to create fake sexual images, impersonate individuals, or threaten reputational harm. Both New Jersey and New York law recognize that these actions can cross into criminal territory, even when the images are digitally created rather than real.
At the same time, legal remedies have limits. Outcomes depend on evidence, timing, and the specific conduct involved. Understanding what the law realistically allows is critical to making informed decisions.
Need Legal Guidance?
If your image or likeness has been misused through AI-generated deepfakes, impersonation, or sexually explicit content, legal options may be available depending on the circumstances.
For a confidential discussion of whether criminal or civil remedies may apply, contact:
Phone: 201-461-0031
Email: mail@songlawfirm.com
Disclaimer: This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact 201-461-0031, email mail@songlawfirm.com, or arrange a consultation via WeChat: songlawfirm.
