The “Take It Down Act” and State Legislative Efforts Against A.I.-Generated Intimate Imagery
The “Take It Down Act” makes it a federal crime to publish nonconsensual explicit imagery, including A.I.-made deepfakes, which was signed into law in May 2025 by President Trump, as we covered at the time of its passing. To briefly summarize, the Act filled in a void in the criminal statutes left in the wake of the proliferation of access to A.I. generative tools that could enable nefarious users to create intimate images using unsuspecting and nonconsenting individuals, to create so-called “deepfakes.” The moniker of deepfakes came about due to the sophistication and ability to create lifelike images that can pass as genuine. Passed unanimously through the Senate, the Act criminalized nonconsensual intimate deepfakes, in addition to requiring platforms to remove reported imagery within 48 hours after it is reported, with punishments ranging from 2 to 3 years in prison depending on the age of the victim.
The federal government has not been alone in seeking to regulate the use of A.I.-generated images, with legislators across the individual states seeking to reel in the potentially harmful effects these images can unleash on victims. As of April 2026, 46 states have enacted legislation directly targeting the use of A.I.-generated media to varying degrees, though the potential consequences and what exact conduct is regulated can vary widely from state to state. For example, Illinois has introduced several bills over the past few years expanding the civil and criminal remedies available for victims of created or distributed deepfakes using A.I. technology, making much of said conduct clearly illegal to ensure the ability of prosecutors and individuals to seek redress explicitly.
Ohio Man Becomes First Person Convicted Under the Take It Down Act
Earlier this month, 37-year-old James Strahler II from Ohio, is believed to be, “the first person in the United States to be convicted under the Take It Down Act,” said U.S. Attorney for the Southern District of Ohio Dominick S. Gerace II. “We will not tolerate the abhorrent practice of posting and publicizing A.I.-generated intimate images of real individuals without consent. And we are committed to using every tool at our disposal to hold accountable offenders like Strahler, who seek to intimidate and harass others by creating and circulating this disturbing content.” According to the press release from the Justice Department, Strahler pled guilty to cyberstalking, producing obscene visuals of child sexual abuse material, and publishing digital forgeries (aka deepfakes). The scope of Strahler’s conduct was severe. Strahler took images of underage boys he knew and, utilizing technology platforms, morphed their faces onto the bodies of adults or other children to create fake material of them engaging in sex acts with their family members, with over 700 images and animations posted to a website dedicated to child sexual abuse materials. In addition, Strahler sent harassing messages to at least six adult female victims containing both real and A.I.-generated nude images of them, with at least one AI-generated video he created reportedly depicting one of the adult victims engaging in sex acts with her own father, which he then circulated to her co-workers. On his phone presumably after his arrest, investigators found 2,400 images and videos flagged for depicting nudity, violence, or AI-generated child sexual abuse material, and that he had downloaded more than 24 A.I. platforms and over 100 web-based A.I. models to assist him in his illicit conduct.
The case arrives against a backdrop of a rapidly escalating crisis according to industry groups, with the National Center for Missing and Exploited Children (“NCMEC”) reporting earlier this year that they had received more than 1.5 million tips related to generative A.I. and child sexual exploitation in 2025 alone. With the rise in A.I., federal legislators are continuing to seek new enforcement mechanisms and enhanced punishments, with the Senate unanimously passing the Enhancing Necessary Federal Offenses Regarding Child Exploitation (ENFORCE) Act, which would enable prosecutors to treat creators and distributors of AI-generated child sexual abuse material to the same degree as those who create non-AI-generated child sexual abuse material (CSAM), although the bill has yet to progress through the House. It is worth noting that defense attorneys have concerns regarding the way in which CSAM is flagged and/or reported to NCMEC and passed to law enforcement. It is unclear, but doubtful, if those general concerns will be addressed in any updated legislation to address some of the previously raised concerns and mounted challenges.
