The Take It Down Act: Federal Charges for AI Deepfake Intimate Images
For years, people asked whether it was a crime to create or share a fake intimate image made with AI. The answer depended on the state, and the laws were a patchwork. That changed at the federal level in 2025, when Congress passed the Take It Down Act. At the time of this writing, the first federal conviction under the law has come out of Ohio, and more prosecutions are likely to follow.
The First Case
According to a U.S. Department of Justice press release from the Southern District of Ohio, a Columbus man was sentenced in September to 15 years in federal prison after pleading guilty to several federal charges, including producing obscene visual representations involving minors (which can include what is often called child pornography, now commonly referred to as child sexual abuse material, or CSAM), and publication of digital forgeries. Prosecutors described the digital-forgery count as the first conviction in the nation under the Take It Down Act.
According to the release, the case involved a months-long harassment campaign using both real and AI-generated images. (Our Ohio internet crime defense page has more on cases there.)
That case involved many serious allegations beyond the new law. But it shows that federal prosecutors are ready to use the Take It Down Act, and that they will pair it with other charges.
What the Take It Down Act Covers
The criminal part of the Take It Down Act is generally addressed under 47 U.S.C. § 223(h), which deals with the intentional disclosure of nonconsensual intimate visual depictions. In general terms, it makes it a federal crime to knowingly publish, through an online service:
- real intimate images of an identifiable person without consent, in certain circumstances, and
- “digital forgeries,” meaning intimate images of an identifiable person created or altered with AI or other software so that they look authentic.
The law treats depictions of minors more seriously than depictions of adults, and it also addresses threats to publish such images. There are exceptions, such as certain disclosures to law enforcement, and the law includes elements about consent, intent and harm that prosecutors have to prove.
The law also requires covered online platforms to set up a process for victims to request removal and to take images down quickly after a valid request. That is the “take it down” part of the name.
How These Cases Often Overlap With Other Charges
Take It Down Act cases rarely stand alone. Depending on the facts, prosecutors may add:
- Extortion or threats, when images are used to demand something.
- Child-related charges, when the images involve minors, which carry far more serious consequences.
- State charges, because many states have their own deepfake and nonconsensual image laws. (Our post on AI image generation and the law covers the broader landscape.)
Questions the Defense Looks At
Because the law is new, many questions are still open:
- Who created the image, and who published it? Creating and publishing are different acts, and devices and accounts can be shared.
- Was the person identifiable? The statute focuses on identifiable individuals.
- Was it actually AI-generated, or altered, or real? That can affect which part of the law applies. Forensic analysis of the file and the device matters. (See Police Seized My Computer.)
- What about intent and harm? The statute includes mental-state and harm elements that must be proven.
- Where was it posted? Our social media page discusses how platforms preserve and report content.
Our page on AI-generated images and deepfakes covers related state and federal issues.
If You Are Contacted About an Image
Investigations under this law often begin with a report to a platform or to police, followed by records requests and, sometimes, a search warrant for devices. If agents or officers reach out, Attorney Ron Frey generally advises that the person exercise the right to remain silent and speak with an attorney before making any statements. These cases are technical, and early statements are easy to misunderstand.
“AI has made it easy to create images that never existed, and the law is moving fast to catch up. When a case turns on how an image was made and who posted it, the technical details matter a great deal.”
As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
Questions About a Deepfake or Image Investigation? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about a Take It Down Act, deepfake, or nonconsensual image investigation, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC, wherever you are. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (844) 766-3739. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
Laws on deepfakes, AI images and online publication are changing quickly and vary from state to state, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.