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How state laws handle deepfakes of students

Twelve laws in seven states now deal with AI-generated images of students in school settings. They widen bullying rules, ban the conduct in schools, require a local policy, tell students what the law says, or add the subject to health and safety lessons.

By Edictai18 October 2026Data as of October 2026

Key points

  • Illinois and Pennsylvania have added AI-generated or altered media to their school definitions of cyberbullying.
  • Louisiana bars students and school staff from using deepfakes against K-12 students to coerce, harass or intimidate.
  • Alabama, Louisiana, South Carolina and Colorado use school policies or required notices to tell students about AI image crimes.
  • California and Illinois build the topic into health and internet safety instruction.

Edictai records deepfake laws only where they place a duty on schools or colleges or have an effect particular to them. As of October 2026, its records include twelve enacted laws in seven states with provisions on deepfakes involving students or school settings. They use five approaches, sometimes in combination.

Widening the definition of bullying

The simplest change is to make AI-generated media part of the school bullying rules a state already has. Illinois did this in 2025. Beginning with the 2026-27 school year, cyber-bullying under the School Code also includes posting or distributing an unauthorized digital replica of a person when it has the effects listed in the definition of bullying1.

Pennsylvania followed in 2026, in a broad school code bill. Its definition of cyberbullying now includes conduct using AI-generated or modified media2, and school safety reports must count the cyberbullying incidents suspected to involve such media3.

Similar bills are pending elsewhere. A New York Senate bill that has passed one chamber would add the intentional use of AI to mimic or alter a person's likeness or voice without consent to the Dignity for All Students Act's definition of cyberbullying4. A New Jersey bill would extend the state's school harassment, intimidation and bullying law to false depictions made with AI or deepfake technology5.

Banning the conduct in schools

Louisiana went further in 2026. Its law states that no student, faculty member, administrator or other employee at an elementary or secondary school may use a deepfake against a K-12 student to coerce, harass or intimidate, or to maliciously disseminate or sell it. The state board and the Department of Education must adopt rules to carry it out6.

A Texas bill that passed one chamber in 2025 would let districts remove or expel students who release intimate visual material of another student, including material created with AI7.

Requiring a local policy

Alabama's 2024 law reaches schools through policy. It directs the State Board of Education to require every local board to adopt a student discipline and education policy on private images, and that policy must prohibit explicit images generated with AI8.

Telling students what the law says

Several states pair new criminal penalties with a duty to inform students. Louisiana requires each public school principal to give students in grade six and above information on the crime of disseminating or selling AI-created images of another person during the first five days of each school year9. South Carolina's 2025 law on AI-generated child sexual abuse material directs the State Department of Education, law enforcement and the Attorney General to develop and implement a policy to educate and notify students about it10.

Colorado's 2025 law created civil and criminal remedies for intimate digital depictions, including those made with generative AI. It also requires the state school safety resource center's model program for districts to tell students what to do if they receive such an image11.

In the curriculum

Other laws put the topic into instruction. Illinois added the creation and distribution of AI-generated false depictions, including sexually explicit images and videos, to its recommended internet safety topics12. California's 2026 laws require sexual health instruction to cover the risks of deepfakes and the misuse of generative AI13, and require the health framework's next revision to consider content on staying safe from deepfakes online14.

Table 1. Enacted laws on deepfakes involving students
StateMeasureYear signedApproach
AlabamaHB 1682024Required local policy
ColoradoSB 2882025Student information through a model program
IllinoisHB 38512025Bullying definition
IllinoisSB 19202025Internet safety instruction
IllinoisHB 8622026Definitions in the bullying section
South CarolinaS 282025Student notice policy
LouisianaSB 3462026Conduct ban in K-12 schools
LouisianaHB 1192026Annual notice to students
LouisianaSB 3472026Campus power-based violence definition
PennsylvaniaHB 15052026Bullying definition and incident counts
CaliforniaAB 17922026Sexual health instruction
CaliforniaAB 17662026Health framework

Source: Edictai records, October 2026.

Colleges

Fewer laws reach higher education. Louisiana's 2026 law adds conduct involving AI-generated or deepfake sexual imagery to the definition of power-based violence under its Campus Accountability and Safety Act15.

Federal rules and state guidance

At the federal level, the preamble to the 2024 Title IX rule explains that online sex-based harassment schools must address can include the nonconsensual distribution of intimate images altered or generated by AI16. That rule is no longer in force: a federal court vacated it in January 2025, and the Department repealed it in September 2026. Some state guidance also speaks to the issue. Utah's AI framework for schools states that using AI tools to manipulate media to impersonate others for bullying, harassment or intimidation is strictly prohibited17.

A California bill in committee would have the Department of Education study nonconsensual AI-generated intimate images involving K-12 students, including how schools now respond, and report by January 1, 202818.

Notes

  1. Illinois, HB 3851, SCH CD-Cyber-Bullying (Became law, 15 Aug 2025). 105 ILCS 5/27-23.7(b).Beginning with the 2026-2027 school year, "cyber-bullying" also includes the posting or distribution of an unauthorized digital replica by electronic means if the posting or distribution creates any of the effects enumerated in the definition of "bullying" in this Section.
  2. Pennsylvania, HB 1505, In preliminary provisions, providing for standardized testing study; in grounds and buildings, repealing provisions relating to lead testing and providing for lead testing; providing for school facilities; in certification of teachers, further providing for special education certificate grade spans and age levels and duties of department, for program of continuing professional and paraprofessional education, for continuing professional education for school or system leaders and for Pennsylvania school leadership standards, repealing provisions relating to permit for classroom monitors and providing for permit for classroom monitors; in pupils and attendance, further providing for attendance policy at charter, regional charter and cyber charter schools, providing for school district enrollee wellness checks and further providing for procedure when child is truant and for procedure upon filing of citation; in student supports, further providing for policy relating to bullying; in school safety and security, further providing for definitions, for School Safety and Security Grant Program, for school safety and security coordinator and for school safety and security training, providing for school safety and mental health grants for 2026-2027 school year, further providing for school safety and security coordinator training and for reporting and memorandum of understanding and providing for school mapping services; in school health services, further providing for health services and for reports and providing for eating disorder awareness and education; in terms and courses of study, providing for use of funds for implementing later school start times, further providing for flexible instructional days and for physical education, providing for recess periods, further providing for economic education and personal financial literacy programs and providing for social media literacy education; in early learning programs, further providing for definitions and for duties of approved providers; in high schools, further providing for attendance in other districts; in charter schools, further providing for enrollment, for cyber charter school requirements and prohibitions, for enrollment and notification and for enrollee wellness checks; in disability inclusive curriculum, further providing for pilot program; in career and technical education, providing for temporary waiver; in community colleges, further providing for financial program and reimbursement of payments; in Thaddeus Stevens College of Technology, further providing for individuals eligible for admission; in the State System of Higher Education, further providing for definitions and for Grow Pennsylvania Tuition Waiver Program; in institutions of higher education, further providing for definitions and for agency duties, providing for institution duties and further providing for report; in Ready-to-Succeed Scholarship, further providing for agency; in funding for public libraries, providing for State aid for fiscal year 2026-2027; in reimbursements by Commonwealth and between school districts, further providing for student-weighted basic education funding beginning with 2023-2024 school year and for extraordinary special education program expenses, providing for temporary assistance program and further providing for assistance to school districts declared to be in financial recovery status or identified for financial watch status and for Ready-to-Learn Block Grant; and, in construction and renovation of buildings by school entities, further providing for applicability (Became law, 12 Jul 2026). Section 1303.1-A(e).USING A DEVICE, SYSTEM, NETWORK, INTERNET SERVICE, EMAIL, SOCIAL MEDIA OR OTHER DIGITAL MEANS, INCLUDING ARTIFICIAL INTELLIGENCE- GENERATED OR MODIFIED MEDIA, WHEN THE CONDUCT MEETS THE CRITERIA IN PARAGRAPHS (1), (3) AND (4) OF THE DEFINITION OF "BULLYING."
  3. Pennsylvania, HB 1505, In preliminary provisions, providing for standardized testing study; in grounds and buildings, repealing provisions relating to lead testing and providing for lead testing; providing for school facilities; in certification of teachers, further providing for special education certificate grade spans and age levels and duties of department, for program of continuing professional and paraprofessional education, for continuing professional education for school or system leaders and for Pennsylvania school leadership standards, repealing provisions relating to permit for classroom monitors and providing for permit for classroom monitors; in pupils and attendance, further providing for attendance policy at charter, regional charter and cyber charter schools, providing for school district enrollee wellness checks and further providing for procedure when child is truant and for procedure upon filing of citation; in student supports, further providing for policy relating to bullying; in school safety and security, further providing for definitions, for School Safety and Security Grant Program, for school safety and security coordinator and for school safety and security training, providing for school safety and mental health grants for 2026-2027 school year, further providing for school safety and security coordinator training and for reporting and memorandum of understanding and providing for school mapping services; in school health services, further providing for health services and for reports and providing for eating disorder awareness and education; in terms and courses of study, providing for use of funds for implementing later school start times, further providing for flexible instructional days and for physical education, providing for recess periods, further providing for economic education and personal financial literacy programs and providing for social media literacy education; in early learning programs, further providing for definitions and for duties of approved providers; in high schools, further providing for attendance in other districts; in charter schools, further providing for enrollment, for cyber charter school requirements and prohibitions, for enrollment and notification and for enrollee wellness checks; in disability inclusive curriculum, further providing for pilot program; in career and technical education, providing for temporary waiver; in community colleges, further providing for financial program and reimbursement of payments; in Thaddeus Stevens College of Technology, further providing for individuals eligible for admission; in the State System of Higher Education, further providing for definitions and for Grow Pennsylvania Tuition Waiver Program; in institutions of higher education, further providing for definitions and for agency duties, providing for institution duties and further providing for report; in Ready-to-Succeed Scholarship, further providing for agency; in funding for public libraries, providing for State aid for fiscal year 2026-2027; in reimbursements by Commonwealth and between school districts, further providing for student-weighted basic education funding beginning with 2023-2024 school year and for extraordinary special education program expenses, providing for temporary assistance program and further providing for assistance to school districts declared to be in financial recovery status or identified for financial watch status and for Ready-to-Learn Block Grant; and, in construction and renovation of buildings by school entities, further providing for applicability (Became law, 12 Jul 2026). Section 1319-B(b).INCLUDING THE NUMBER OF CYBERBULLYING INCIDENTS SUSPECTED TO INVOLVE ARTIFICIAL INTELLIGENCE-GENERATED OR MODIFIED MEDIA.
  4. New York, S 10049, Updates the definition of cyberbullying in the dignity for all students act to include intentionally using artificial intelligence to mimic or alter a person's likeness or voice without their consent (Passed one chamber, 28 May 2026). Sec. 1, Education Law 11(8)."Cyberbullying" shall include, but not be limited to, intentionally using artificial intelli- gence to mimic or alter a person's likeness or voice without their consent.
  5. New Jersey, A 2742, Amends public school laws on harassment, intimidation, and bullying to apply to certain acts against teachers and staff members; revises definition of "harassment, intimidation, or bullying" in "Anti-Bullying Bill of Rights Act." (In committee, 13 Jan 2026). Statement.This bill extends the public school law on harassment, intimidation, and bullying to apply to certain acts of fraudulent impersonation or false depiction by means of artificial intelligence or deepfake technology.
  6. Louisiana, SB 346, Prohibits the use of deepfake material against students enrolled in K-12. (8/1/26) (Became law, 29 May 2026). Sec. 1, new R.S. 17:416.14.1(A).No student, faculty member, member of the administrative staff, or other employee at an elementary or secondary school shall use material considered to be a deepfake against a student enrolled in kindergarten through grade twelve
  7. Texas, SB 747, Relating to public school policies and programs regarding the production or distribution of certain intimate visual material by public school students (Passed one chamber, 24 Apr 2025). Sec. 1, Education Code 37.0052(b)(3).releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent, including intimate visual material created using artificial intelligence technology
  8. Alabama, HB 168, Crimes & Offenses, raises max. age for offenses involving obscene materials with depictions of children, authorizes punitive damages for victims of those offenses, and directs Board of Ed. to require policies related to those offenses (Became law, 24 Apr 2024). Section 7(2).Include within the written policy a prohibition of private, explicit, or pornographic images generated with artificial intelligence.
  9. Louisiana, HB 119, Provides relative to unlawful conduct involving images of another person created by artificial intelligence (EN SEE FISC NOTE GF EX) (Became law, 9 Jun 2026). Sec. 2, new R.S. 17:416.20.1(A).The principal of each public school shall disseminate information during the first five days of each school year to each student grades six and above regarding the crime and consequences of unlawful dissemination or sale of images of another created by artificial intelligence
  10. South Carolina, S 28, AI Child Abuse (Became law, 22 May 2025). SECTION 4.The State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General's Office, as appropriate, shall develop and implement a policy to educate and notify students of the provision of this act.
  11. Colorado, SB 288, Intimate Digital Depictions Criminal & Civil Actions (Became law, 2 Jun 2025). 24-33.5-1803(3)(m).which curriculum must include information informing students of the provisions of section 18-7-109, including that, if a student receives a sexually explicit image PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION in violation of section 18-7-109
  12. Illinois, SB 1920, SCH CD-ASL Implementation (Became law, 15 Aug 2025). 105 ILCS 5/27-13.3(c)(5).including the creation and distribution of false representations of individuals created by artificial intelligence, including, but not limited to, sexually explicit images and videos
  13. California, AB 1792, Pupil instruction: health framework: sexual health (Became law, 18 Sep 2026). Education Code 51900.3(b)(1).The knowledge and skills necessary to understand digital and online safety, including the risks associated with nonconsensual intimate imagery, deepfakes, online grooming, sextortion, stalking, and the misuse of generative artificial intelligence.
  14. California, AB 1766, Health curriculum framework: human trafficking and online safety (Became law, 30 Sep 2026). Education Code 33546.5.How to stay safe from sexually exploitative materials and deepfakes online, including information on reporting processes and pupil rights
  15. Louisiana, SB 347, Provides for the crime of "unlawful deepfake" to be added to the definition of power-based violence under the Campus Accountability and Safety Act. (gov sig) (Became law, 29 May 2026). Sec. 1, R.S. 17:3399.12(5)(b).Any conduct prohibited by R.S. 14:73.13 or 73.14, or any successor statute, involving media generated by artificial intelligence or deepfake media depicting sexual imagery.
  16. United States, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (Published 29 Apr 2024). Preamble discussion of Sec. 106.6(d), online harassment.the nonconsensual distribution of intimate images (including authentic images and images that have been altered or generated by artificial intelligence (AI) technologies), cyberstalking, sending sex-based pictures or cartoons
  17. Utah, Artificial Intelligence Framework for Utah P-12 Education: Guidance on the Use of AI in Our Schools (Updated Mar 2026). p. 11, Prohibited Use of AI Tools.Using AI tools to manipulate media to impersonate others for bullying, harassment, or any form of intimidation is strictly prohibited.
  18. California, AB 2291, Pupil safety: nonconsensual artificial intimate images: study (In committee, 19 Mar 2026). Sec. 1, new 33319.7(a)(5).A summary of current policies and procedures used by schools to respond to incidents involving nonconsensual artificial intimate images.

About this article

Written by Claude, an AI model, from Edictai’s records and research library. Before publication, every note is checked automatically against the record or study it cites. Descriptions are as of the data release named above.

Corrections: none.

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