“TRUST STARTS & ENDS WITH THE TRUTH”
“TRUST STARTS & ENDS WITH THE TRUTH”
Matt is both the company founder and a nationally renowned private investigator. Matt is an intelligence specialist who excels in detecting and preventing the illegal interception of communications and in providing high-tech covert surveillance. Matt has years of hands on experience in the investigation industry and has developed a reputation for incorporating state of the art technology and innovative ideas to provide effective solutions for his clients. Matt also serves as Treasurer for the Executive Board of Directors of FALI, The Florida Association of Licensed Investigators.
Yes. Many deepfakes are illegal in California. A deepfake is a fake photo, video, or voice clip made by AI to look real. Making one for fun is fine. Using one to fake nude images, scam people, or trick voters is a crime. California has passed more AI laws than any other state. One catch: its election deepfake laws keep getting blocked in court.
It depends on what the deepfake does. The tool is legal, but the harm is not.
California treats deepfakes by category. Fake sexual content is one category. AI child images are another. Fake elections ads are a third. Stealing someone’s face or voice is a fourth.
Each one has its own law.
| Category | Law | What it does (plain) | Status |
|---|---|---|---|
| Fake nudes | SB 926 | Makes it a crime to create and share realistic fake sexual images of a real person without consent | In effect (2025) |
| Fake nudes | Penal Code 647(j)(4) | Makes it a crime to share private sexual images, including digitally faked ones | In effect |
| Fake nudes | AB 602 (Civil Code 1708.86) | Lets victims sue the person who made or shared the fake image for money | In effect (updated 2026) |
| Fake nudes | SB 981 | Requires social media platforms to let users report these images and take them down | In effect (2025) |
| Child protection | AB 1831 | Treats AI-generated child sexual images the same as real ones. Making, having, or sharing is a serious crime | In effect (2025) |
| Face & voice | AB 2602 | Bars using a living person's digital replica (a copy of their face or voice) in a contract without clear consent | In effect (2025) |
| Face & voice | AB 1836 | Bars using a deceased person's digital likeness for commercial use without estate permission | In effect (2025) |
| Elections | AB 2839 | Tried to ban "materially deceptive" election deepfakes | Struck down Aug 2025 (First Amendment), on appeal |
| Elections | AB 2655 | Ordered large platforms to block or label fake election posts | Signed 2024, struck down Aug 2025 (Section 230), not enforced |
| AI labeling | SB 942 (AI Transparency Act) | Requires AI companies to add a hidden watermark and offer a visible label on AI content | In effect (2026) |
This is the law most people ask about. In California, it is a crime to share fake sexual images of a real person without their consent.
Two laws cover it:
California Penal Code 647(j)(4) makes it a crime to share private sexual images, including ones that are digitally faked. California widened these protections in 2024, when Governor Newsom signed a package of deepfake bills.
One of them, SB 926, goes further. It makes it a crime to create and share realistic fake nude images of someone when you knew it would cause them serious distress.
There is also a way to sue:
These cases often sit alongside cyberstalking and online harassment investigations because the same person is usually behind both.
This one is simple. AI does not make it safe.
Under AB 1831, an AI-generated sexual image of a child is treated exactly like real child abuse material.
Making it is a crime. Having it is a crime. Sharing it is a crime. The fact that a computer created the image is no defense at all.
California also protects your “digital replica.” A digital replica is a computer-made copy of your face or voice that can be dropped into a video or an ad.
Two laws cover this, and they matter a lot to actors, artists, and anyone whose likeness has value:
Both laws grew out of Hollywood, but they apply to regular people too.
Here is where California hit a wall. The state passed tough laws to stop fake political videos. Courts have mostly blocked them.
AB 2839 tried to ban “materially deceptive” election media, which means fake content that could fool voters. A federal judge blocked it in October 2024.
Then, in August 2025, the court struck it down for good, calling it a stack of free-speech problems. The state has appealed, and the case, Kohls v. Bonta, is now in front of the Ninth Circuit Court of Appeals.
AB 2655 is the one people assume never became law. It did. Governor Newsom signed it in September 2024. It ordered large online platforms to block or label fake election posts. But in August 2025, a federal judge struck it down too, ruling that it clashes with a federal law called Section 230, which shields platforms from liability for what users post. The judge said no part of the law could be saved. It has not been enforced since.
The lesson is clear. Laws that punish political speech, even fake speech, run straight into the First Amendment.
Yes. Parody and satire are protected speech. That protection sits at the heart of the election cases above.
The person who sued California made a parody video of a candidate. The court sided with him. A clip that a reasonable viewer knows is a joke is not the same as a lie meant to deceive. So a funny, clearly fake video is legal. A fake video passed off as real, made to harm someone, is where the trouble starts.
It is starting to.
A law called SB 942, the California AI Transparency Act, took effect in 2026. It tells the companies that build AI tools to add a hidden marker to the images, video, and audio their tools create. They also have to offer people a visible label.
The goal is simple. Make AI content easier to spot.
A law can say a deepfake is illegal. It cannot tell you who made it. That gap is where most cases stall.
In my work, that missing name is the whole ballgame. Deepfakes hide behind fake accounts and wiped file data. Finding the source takes digital forensics services, which means tracing a file back to a device or an account.
It also takes clean handling of the types of digital evidence a court will accept. Save everything first. Then get the file examined. A good law and a solid evidence trail are what turn a right into a result.
California bans the harmful uses of deepfakes. Fake sexual images of a real person are a crime. AI child images are treated like real ones. You cannot use a copy of someone’s face or voice without consent. The state’s election deepfake laws, AB 2839 and AB 2655, are blocked in court on free-speech grounds, and parody stays protected. The hard part is not the law. It is proving who made the file.
Southern Recon Agency investigates AI-generated content, finds its source, and documents proof your attorney can use. Request a confidential consultation with a licensed investigator.
Matt Aubin, CDFE, FBCI, is a cyber and counterfeit investigator and the founder of Southern Recon Agency. His firm focuses on AI-powered investigations, digital forensics, and technical surveillance countermeasures. He is a Certified Digital Forensics Examiner (CDFE) and a Fellow of the Business Continuity Institute (FBCI), and he works with attorneys and brands on cybercrime, deepfake, and counterfeit cases.
It depends on the deepfake. A harmless or clearly fake video is legal. A fake sexual image, an AI child image, or a copy of someone’s face or voice used without permission can all be crimes under California law.
AB 2839 was a California law meant to stop misleading AI content in elections. A federal court blocked it in 2024 and struck it down in August 2025 as a free-speech violation. The state has appealed, so it is not being enforced right now.
AB 2655 required large online platforms to block or label fake election posts. California agreed not to enforce it after a court challenge, so it is on hold along with AB 2839.
Yes. Parody and satire are protected speech. A clip that a reasonable person understands is a joke is legal. The problem starts when a fake is presented as real to deceive or harm someone.
Yes, in part. The California AI Transparency Act (SB 942) took effect in 2026. It requires AI companies to add a hidden watermark to what their tools create and to offer a visible label option.
Most states have deepfake laws, and they vary a lot. Our state-by-state guide to what states have deepfake laws shows where each one stands, and our federal law guide covers the nationwide rules.
This article is for general information and is not legal advice. Deepfake laws change fast. For help with a specific situation, talk to a licensed attorney in your state.