Forged Faces, Real Liability: Deepfake Laws Take Effect In Washington State And Pennsylvania

In the last few months, both Washington State and Pennsylvania enacted significant legislation addressing the malicious use of deepfakes—artificial intelligence-generated or manipulated media. These new laws reflect a growing national and state-level trend to regulate AI-generated content, especially when used to harm individuals or mislead the public.

On July 7, 2025, Pennsylvania Governor Josh Shapiro signed into law Pennsylvania's 2025 Act 35 (formerly Senate Bill 649), which establishes criminal penalties for creating or disseminating deepfakes with fraudulent or injurious intent, or facilitating a third party to do so. This includes when a party reasonably should have known the material at issue was a forged digital likeness. The law, which goes into effect on September 5, 2025, classifies such conduct as a first-degree misdemeanor ($1,500 - $10,000 fine and/or up to five years jail time), or a third-degree felony (up to $15,000 fine and/or up to seven years