Illinois HB 3851 — deepfake cyberbullying in schools (2026)

Illinois — HB 3851: School Code Cyber-Bullying Definition Extended to Unauthorized AI Digital Replicas (Effective July 1, 2026)
Illinois · Ill. H.B. 3851, 104th Gen. Assemb. (eff. July 1, 2026) (amending the Ill. School Code)

Status
In effect
Took effect
July 1, 2026
Applies to
Illinois public school districts, which must update bullying policies and procedures to cover unauthorized digital replicas; students subject to those policies; the Illinois State Board of Education, which owed statewide AI guidance by July 1, 2026.
Enforced by
Illinois State Board of Education; individual school districts through their bullying policies

Illinois has written AI deepfakes into the part of the School Code that governs bullying. Under House Bill 3851, signed in August 2025 and effective July 1, 2026, the statutory definition of 'cyber-bullying' now includes posting or distributing an unauthorized digital replica of a student by electronic means. A digital replica means an AI-generated or electronically altered representation of a person's voice, image or likeness; it is unauthorized when the depicted person did not consent. The law also makes explicit that bullying includes posting or distributing sexually explicit images. The practical effect is jurisdictional: school districts can now act on deepfake incidents under their bullying policies, rather than being left to argue about whether an AI-generated image of a student counts as bullying at all. The change applies from the 2026-2027 school year, and districts across Illinois had to update their policies and procedures to match. Alongside it, the Illinois State Board of Education was required to develop statewide guidance on artificial intelligence in schools by July 1, 2026, expected to cover AI-generated false representations of individuals. The problem is not hypothetical: a 2024 Center for Democracy & Technology survey found 40% of K-12 public school students knew of a deepfake involving someone at their school, and 15% knew of a sexually explicit deepfake depicting a member of their school community, while more than 60% of teachers said their school had not shared any policy on AI-generated sexual imagery.

Who is protected: Illinois public school students depicted in AI-generated or electronically altered images, audio or likenesses distributed without their consent, including sexually explicit deepfakes — by bringing that conduct inside the School Code's bullying and cyber-bullying framework their district must act on.

Legal detail

Illinois House Bill 3851 (104th General Assembly), amending the Illinois School Code's bullying provisions. Signed August 2025; effective July 1, 2026; operative beginning with the 2026-2027 school year. Operative changes: (1) the definition of 'cyber-bullying' is extended to include the posting or distribution of a digital replica by electronic means, where that conduct otherwise satisfies the School Code's definition of bullying; (2) an 'unauthorized digital replica' is the use of a digital replica of an individual without the consent of the depicted individual, a digital replica being an AI-generated or electronically altered representation of a person's voice, image or likeness; (3) bullying is stated to include the posting or distribution of sexually explicit images. Companion administrative duty: the Illinois State Board of Education was required to develop statewide guidance on artificial intelligence in schools by July 1, 2026, anticipated to address AI-generated false representations of individuals so districts could update policy ahead of the school year. Enforcement runs through existing district bullying policies and procedures rather than creating a new cause of action. Public Act number not captured — the Illinois General Assembly bill-status page did not resolve on fetch (TLS chain error).

Key facts

JurisdictionIllinois
LevelState
StrengthModerate
EnactedAugust 1, 2025
CitationIll. H.B. 3851, 104th Gen. Assemb. (eff. July 1, 2026) (amending the Ill. School Code)
Private right of actionNo, agency enforcement only
PenaltiesHandled through school district bullying policies and procedures; no separate statutory penalty established by this amendment
Topicsdeepfakes · children's online safety · education AI · non-consensual intimate imagery · AI-generated images
News reportIllinois schools grapple with AI cyberbullying, deepfakes as new law takes effect — Capitol News Illinois

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