NH Deepfakes Act
New Hampshire Fraudulent Use of Deepfakes Act (HB 1432)
Criminalizes fraudulent use of deepfakes as a Class B felony (1-7 years imprisonment). First state law with explicit private right of action for deepfake victims. Enhanced penalties when deepfakes result in wrongful arrest. Prohibits lobbyists who violate the law from registering.
Jurisdiction
New Hampshire
Enacted
Jul 19, 2024
Effective
Jan 1, 2025
Enforcement
New Hampshire Attorney General (criminal); Courts (civil private action)
Signed by Governor Sununu July 19, 2024; effective January 1, 2025
NH RSA 638:26-aWhy It Matters
Strictest deepfake criminal penalties in US (Class B felony = 1-7 years). Private right of action enables civil litigation. Sets precedent for treating deepfakes as serious criminal matter.
Recent Developments
First enforcement case filed January 2025 against individual who created deepfake video of a police officer. First US state law with explicit private right of action for deepfake victims.
At a Glance
Applies to
Harms addressed
Who Must Comply
- Any person creating, distributing, or presenting deepfakes in New Hampshire
- Lobbyists using deepfakes related to lobbying activities
Obligations fall on:
Safety Provisions
- Class B felony for knowingly creating, distributing, or presenting deepfakes for fraudulent purposes
- Enhanced Class B felony if deepfake results in victim's arrest
- Private right of action for victims to recover damages and legal expenses
- Lobbyist registration prohibition for violators
- Election communication protections with 90-day window requirements
Exemptions
News Reporting Exemption
Bona fide news reports that acknowledge questions about authenticity
- • News report, newscast, documentary or similar undertaking
- • Deepfake is subject of the report
- • Clear acknowledgment of authenticity questions
Paid Media Distribution Exemption
Media outlets paid to broadcast election communications if disclaimer retained
- • Media outlet is paid to publish/broadcast
- • Does not remove or modify creator's disclaimer
Satire and Parody Exemption
Content constituting satire or parody, or human impersonation without AI
- • Constitutes satire or parody
- • OR production substantially dependent on human impersonation without AI
Interactive Computer Service Exemption
Section 230 immunity for platforms hosting third-party deepfakes
- • Interactive computer service
- • Content provided by third party
- • Not the creator of the deepfake
Compliance & Enforcement
Key Dates
Jan 1, 2025
All provisions take effect
Penalties
criminal (up to 7yr)
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
View on map
New Hampshire
Focus Areas
Cite This
APA
New Hampshire. (2024). New Hampshire Fraudulent Use of Deepfakes Act (HB 1432).
Related Regulations
SD Deepfakes Act
Prohibits disseminating deepfakes about candidates within 90 days of election with intent to cause injury. Class 1 misdemeanor with up to 1 year imprisonment and $2,000 fine. Affirmative defense for content with AI manipulation disclosure. Civil remedies available to AG, candidates, and depicted individuals.
HI Deepfakes Act
Prohibits distribution of materially deceptive media (deepfakes) in elections from February 1 through general election without disclaimer. Criminalizes violations with escalating penalties from petty misdemeanor to Class C felony if intent to cause violence. Private right of action for candidates, depicted individuals, and voter advocacy organizations.
MS Election Deepfakes Act
Criminalizes dissemination of election deepfakes without consent within 90 days of election with intent to injure candidates, influence results, or deter voting. Escalating penalties from 1 year/$5,000 to 5 years/$10,000 for repeat offenders or intent to incite violence. Private right of action for candidates and political parties.
NH State AI Act
Regulates AI use by New Hampshire state agencies. Prohibits AI for unlawful discrimination, real-time biometric surveillance in public spaces (except law enforcement with warrant), and malicious deepfakes. Requires human oversight for irreversible AI decisions and mandatory AI disclosure to users.
TX AI Catfishing Law
Establishes civil liability for online impersonation using AI. Person liable if they knowingly and with intent to harm, defraud, intimidate, or threaten use AI to impersonate another's name, voice, signature, photograph, or likeness. Civil remedies include injunctive relief, actual damages, exemplary damages ($500+ minimum), costs, and attorney's fees. Satire and parody exempted.
WI Act 123 AI Deepfake Disclosure
Requires disclosure when AI is used to generate materially deceptive media in political ads. Ads must include 'This content generated by AI' notice in text and audio. Applies to candidate ads, issue advocacy ads, and referendum ads.
Last updated January 22, 2026. Verify against primary sources before relying on this information.