As of today, Virginia is one of the first states in the country to impose criminal penalties on the distribution of non-consensual "deepfake" images and video.

The new law amends existing law in the Commonwealth that defines distribution of nudes or sexual imagery without the subject's consent⁠—often called revenge porn⁠—as a Class 1 misdemeanor. The new bill updated the law by adding a category of "falsely created videographic or still image" to the text.

New laws in Virginia take effect on July 1. The state's General Assembly passed the bill in early March, and it was signed into law by Gov. Ralph Northam later that month.

The problem of deepfakes continues to grow, with each new iteration of fake images becoming both easier to generate and harder to detect.

Last week, the maker of a program called DeepNude, which used neural networks to make images of clothed women appear to be realistic nudes, stopped distributing the tool following strong public backlash.

A small handful other states are working to develop legislation making the use of deepfakes for election manipulation or sexual exploitation unlawful. New York's proposed bill, however, has drawn opposition from Hollywood, with Disney and others saying the text is too broad, too vague, and may violate their First Amendment rights.

Federal legislators are also taking a stab at the deepfake challenge.

Rep. Yvette Clarke (D-N.Y.) on June 12 introduced a bill in the House that would make distribution of deepfakes depicting nudity or sexual activity "with the intent to humiliate or otherwise harass the person falsely exhibited" a federal crime, subject to fines, imprisonment, or both.

Sen. Ben Sasse (R-Neb.) introduced a bill in late 2018 that would criminalize the production or knowing distribution of deepfakes affecting government business (including elections) or facilitating violence. But the legislation expired with the end of the 2018 session of Congress and has not yet been reintroduced.