California SB 1111 (AI digital replicas covered by likeness law and impersonation crimes)
California SB 1111 (2026) — Digital Replicas (right of publicity and false impersonation)
California · SB 1111 (Ashby), Stats. 2026, ch. 862; Cal. Civ. Code § 3344; Cal. Penal Code § 540
- Status
- Enacted (not yet in effect)
- Takes effect
- January 1, 2027
- Applies to
- Any person who knowingly uses another person's digital replica for commercial purposes (advertising, merchandise, solicitation) without consent, or who uses a digital replica to impersonate someone.
- Enforced by
- Private civil actions under Civ. Code § 3344; criminal prosecution by district attorneys under impersonation statutes.
Makes clear that California's right-of-publicity law covers AI digital replicas: using a realistic AI copy of a living person's voice or likeness to advertise or sell something without consent is treated the same as using their real voice or image. It also makes using a digital replica to impersonate someone count as false impersonation under existing criminal laws.
Who is protected: Living individuals whose voice or likeness is replicated by AI without consent.
Legal detail
Amends Cal. Civ. Code § 3344 so that 'voice or likeness' includes a digital replica as defined in § 3344.1, and removes an evidentiary presumption that had shielded incidental use of an employee's likeness. Adds Penal Code § 540 providing that, for offenses requiring false impersonation (including §§ 528.5, 529 and 530), impersonation includes use of a digital replica. Chapter 862, Statutes of 2026.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | September 30, 2026 |
| Citation | SB 1111 (Ashby), Stats. 2026, ch. 862; Cal. Civ. Code § 3344; Cal. Penal Code § 540 |
| Private right of action | Yes, individuals can sue |
| Penalties | Civil: greater of $750 or actual damages, plus profits and attorney's fees (§ 3344). Criminal: existing impersonation penalties, e.g. § 528.5 up to $1,000 fine and/or up to one year in county jail (per secondary reporting). |
| Topics | deepfakes · AI-generated images · consumer protection |
| Agency page | Governor Newsom signs more first-in-the-nation AI protections (Office of the Governor, Sept. 30, 2026) |
More AI rules in California
- CA EO N-6-26 (AI Workforce) · In effect
- California AB 489 (AI healthcare chatbot misrepresentation ban) · In effect
- X.AI v. Bonta (AB 2013 training-data disclosure) · Blocked / in litigation
- CA SB 1168 — data center grid cost allocation · Enacted (not yet in effect)
- California SB 1119 Adam's Law, companion chatbots (2026) · Enacted (not yet in effect)
- California SB 867 AI chatbot toy moratorium (2026) · Enacted (not yet in effect)
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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