Federal Prosecutors Charge Two Men Under New Deepfake Pornography Law
Federal prosecutors have indicted two men accused of using artificial intelligence to create and distribute sexually explicit deepfake images and videos of women, including celebrities, politicians, musicians, and private individuals. The cases are among the first brought under the Take It Down Act, a bipartisan law signed by President Donald Trump that targets the spread of AI-generated non-consensual intimate imagery and so-called “revenge porn.”
The defendants, who appear to have acted independently, face penalties of up to two years in prison if convicted.
U.S. Attorney Joseph Nocella of the Eastern District of New York said the accused men used advanced digital technology to create content that “degraded and violated” dozens of women.
“This case makes clear that posting deepfake pornography is not a victimless crime,” Nocella said.
According to prosecutors, one defendant, a New Jersey resident identified as Shannon, allegedly published at least 240 online albums containing AI-generated pornographic images depicting female public figures. The second defendant, Hernandez of Texas, is accused of creating and sharing deepfake pornography involving both celebrities and private citizens, including recent high school graduates.
The prosecutions come amid growing concerns over the rapid spread of AI-generated sexual content online. Law enforcement agencies, lawmakers, and advocacy groups have warned that increasingly sophisticated AI tools are making it easier to create realistic fake images and videos without a person’s consent.
The Take It Down Act was passed with bipartisan support and received backing from First Lady Melania Trump. The legislation was co-sponsored by Republican Sen. Ted Cruz of Texas and Democratic Sen. Amy Klobuchar of Minnesota.
The law strengthens penalties for distributing non-consensual intimate images and requires platforms to respond to requests for the removal of such content.
Recent cases have highlighted the issue nationwide. In Ohio, a man became the first person convicted under the law after pleading guilty to using AI to generate child sexual abuse material. In Pennsylvania, two teenage boys were sentenced to probation after creating explicit AI-generated images of classmates.
Separately, three Tennessee teenagers filed a lawsuit against Elon Musk’s xAI, alleging that the company’s Grok AI tools transformed their photographs into sexually explicit images. The plaintiffs are seeking class-action status, claiming that thousands of minors may have been similarly affected.
Supporters of the legislation argue that it provides victims with meaningful legal protections in an era when artificial intelligence can be used to create highly realistic but entirely fabricated content.
Meta, the parent company of Facebook and Instagram, supported the bill. The Information Technology and Innovation Foundation, a technology policy think tank, called the law “an important step forward” in helping victims seek justice when intimate images are shared without consent.
Klobuchar described the legislation as a “major victory for victims of online abuse,” saying it gives individuals tools to remove harmful content and enables law enforcement to pursue those responsible.
“These images can ruin lives and reputations,” Klobuchar said. “Victims will be able to have this material removed from social media platforms, and law enforcement can hold perpetrators accountable.”
Cruz similarly praised the law, stating that individuals who use new technologies to create and distribute exploitative content should face criminal consequences and that technology companies must play a greater role in preventing its spread.
The indictments mark an early test of the federal government’s efforts to combat the misuse of AI-generated deepfakes and establish new legal boundaries for emerging technologies.
