Law / United States / 
Michigan
Protection from Intimate Deep Fakes Act (Public Act 11 of 2025)
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not intentionally create or disseminate a deep fake realistically depicting the intimate parts of, or a sexual act involving, an identifiable individual if you know or should know it would cause that person physical, emotional, reputational, or economic harm.
- Do not rely on the depicted individual's consent to the deep fake's creation or transmission unless it is contained in a plain-language agreement, signed knowingly and voluntarily, that describes the depiction and, if applicable, the work it will be incorporated into.
- As a provider of interactive computer service, telecommunications, or the underlying technology, you are not liable for another person's deep fake merely for providing transmission infrastructure or access, or for developing technology not designed, marketed, or deployed for nonconsensual deep fakes, so long as you prohibit that use in your terms of service.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Absent an aggravating factor, a violation is a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $3,000, or both. Where the depicted individual suffers financial loss, the violator intends to profit, operates a website or app for the purpose, posts the deep fake on a website, intends to harass, extort, threaten, or harm, or has a prior conviction under this section, the violation is a felony punishable by imprisonment for not more than 3 years, a fine of not more than $5,000, or both.
Penalty structure
Criminal fines on conviction under section 8: not more than $3,000 for the misdemeanor in section 8(2) and not more than $5,000 for the felony in section 8(3). A court may also impose a civil fine of not more than $1,000 per day for violating a restraining order or injunction entered in a civil action under section 6(2).
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 5,000
Who enforces it
Enforcement body
Criminal prosecution under section 8 of the Act, which names no prosecuting agency; the depicted individual or a person representing that individual enforces section 3 by civil action.
Settledness
- As of
- Open questions
- Does the exception in MCL 752.388(5)(d) for a deep fake that "relates to a matter of public interest" require, as the civil defense in MCL 752.385(2)(d) does, that the person "clearly identified" the item as a deep fake and acted in good faith?
What it makes you log
Logging duty
Section 8 states the offense, its aggravating factors, its consent defense, and its exemptions. None of it requires a log, record, or documentation of any kind.
- Kind
- None
- As of
What this law does
The Protection from Intimate Deep Fakes Act (Public Act 11 of 2025) makes it a crime for an individual to intentionally create or disseminate a deep fake that realistically depicts the intimate parts of, or a sexual act involving, an identifiable individual, where the individual knew or should have known the deep fake would cause the depicted individual physical, emotional, reputational, or economic harm.
A first violation is a misdemeanor punishable by up to one year's imprisonment or a $3,000 fine; the offense becomes a felony punishable by up to three years or a $5,000 fine where the depicted individual suffers financial loss, the creator intends to profit, the creator operates a website or app for the purpose, the creator posts the deep fake online, the creator intends to harass, extort, threaten, or harm, or the creator has a prior conviction under this section.
Consent to the deep fake's creation is not a defense unless given in a signed, plain-language agreement describing the depiction.
The Act also creates a civil cause of action for the depicted individual for economic and noneconomic damages, confidential filing, and injunctive relief to maintain that confidentiality, and exempts interactive computer services, telecommunications providers, and technology developers who prohibit the conduct in their terms of service and did not design or market the technology for it.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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