Artificial intelligence has made it easier than ever to create convincing fake images and videos of real people — and Michigan has responded with criminal law specifically targeting this threat. With the enactment of Public Act 11 of 2025, Michigan now has the Protection from Intimate Deep Fakes Act, which imposes serious criminal and civil consequences for those who create or share non-consensual intimate deep fakes.
Here’s a breakdown of what that AI law does and why it matters.
What Is a “Deep Fake” Under Michigan Law?
Michigan law defines a deep fake as a technical representation of speech or conduct. This includes manipulated videos, audio, and images that are not original recordings of real events. The content must be realistic enough to deceive a reasonable person. Finally, its production must rely on AI or technology rather than human impersonation.
In plain terms: if AI was used to create a convincing fake depiction of a real, identifiable person — particularly in an intimate or sexual context — Michigan law now has something to say about it. A violation of this criminal law could land you behind bars with maximum penalties ranging from 1 year to 3 years.
The Criminal Charges
Misdemeanor: Creation or Dissemination of a Deep Fake
Creating or spreading a deep fake is a one-year misdemeanor if certain conditions apply. First, the creator must know the content would cause physical, emotional, or economic harm. Second, the content must realistically depict intimate parts or sexual acts. Finally, the person in the deep fake must be identifiable from the media or connected information.
Felony: Aggravated Creation or Dissemination
The stakes go up significantly when aggravating factors are present. An individual who violates the base offense is guilty of a 3-year felony if one or more of the following also apply: the depicted individual suffers financial loss; the creator acts with intent to profit; the individual maintains a website or app for the purpose of creating or disseminating deep fakes; the deep fake is posted on a website; the individual acts with intent to harass, extort, threaten, or cause harm; or the individual has a prior conviction for a deep fake offense.
Consent Is Not a Simple Defense
One important aspect of this law is how it handles consent. It is not a defense to prosecution that the depicted individual consented to the creation or possession of the deep fake, or to voluntary private or public transmission, unless both of the following apply: the consent is contained in a written agreement in plain language, signed knowingly and voluntarily by the depicted individual; and the consent includes a general description of the intimate digital depiction and, if applicable, the audiovisual work into which it will be incorporated.
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Implied or casual consent does not protect individuals from prosecution under Michigan’s deep fake law.
Exemptions
The law carves out legitimate uses. There is no violation if the creation or dissemination is made for the purpose of a criminal investigation or prosecution that is otherwise lawful; is for the purpose of reporting unlawful conduct; is made in the course of seeking or receiving medical or mental health treatment with the image protected from further dissemination; relates to a matter of public interest and serves a lawful public purpose; or is made for legal proceedings consistent with common practice in civil proceedings or protected by court order.
Civil Liability Too
In addition to criminal prosecution, victims also have a civil remedy. The law establishes a private right of action, allowing victims to sue for both economic and non-economic damages. (Non-economic damages means pain and suffering.) The availability of a temporary restraining order or permanent injunction to prevent further harm is also detailed in the law, and plaintiffs may file confidentially using a pseudonym to protect their identity.
Why This Law Matters
This AI deep fake law reflects a growing national recognition that AI-generated intimate imagery causes real harm to people. Michigan joins a number of other states in specifically criminalizing this conduct, going beyond general harassment or obscenity statutes to directly address the technology-enabled nature of the offense.
For victims, the law provides both a criminal pathway through law enforcement and a civil pathway to seek damages. For potential offenders, the message is clear: creating or sharing AI-generated intimate images of real people without proper written consent can result in felony charges.
If you are in a situation where someone is trying to humiliate you with a deepfake, or if you’ve been charged under Michigan’s deep fake AI law, get in touch with an experienced and aggressive attorney. At The Kronzek Firm, we serve clients throughout the lower peninsula of Michigan, including Ingham, Eaton, Clinton, Livingston, Isabella, Ionia, Oakland, and Shiawassee, Kent counties. We understand the legal complexity and emotional stress that come with these cases.
📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Michigan office 24/7 at (800) 576-6035.