Fraudulent Use of Deepfakes (criminal offense and civil action)

NH Deepfake Law

Artificial intelligence · Other

Criminalizes knowingly making or spreading AI-altered video, audio or other media of a real, identifiable person to harm, harass, defame, entrap or extort them, and lets the person depicted sue for damages. Platforms hosting third-party content, news reports that flag authenticity doubts, and satire are exempt.

Where: New Hampshire
Citation: N.H. Rev. Stat. Ann. 638:26-a; 507:8-j (2024 N.H. Laws ch. 243)
Status: In force
In force since: 2025-01-01
Enforced by: State prosecutors (criminal); injured individuals (civil)
People can sue: Yes
Penalties: Class B felony; a separate class B felony if the deepfake leads to the victim's arrest, with liability for the victim's legal defense costs. Victims may sue for resulting damages under RSA 507:8-j.
Applies to: Any person who knowingly creates, distributes or presents a deepfake of an identifiable individual to embarrass, harass, entrap, defame, extort or otherwise cause financial or reputational harm
Excludes interactive computer services for third-party content, bona fide news reporting with authenticity caveats, paid election communications carried unaltered, and satire or parody

Rights it gives people

A person whose likeness is knowingly used to create a harmful deepfake may sue the creator for damages.RSA 507:8-j, II

Practices it requires

Do not knowingly create, distribute or present a deepfake likeness of an identifiable individual for the purpose of embarrassing, harassing, entrapping, defaming, extorting or otherwise causing financial or reputational harm.RSA 638:26-a, II

Other duties

If the deepfake results in the individual's arrest, the offender commits a separate class B felony and owes the individual's legal expenses and defense costs.RSA 638:26-a, III

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.