The law around AI-generated intimate images, widely known as “deepfakes”, has changed significantly in 2026, and the consequences of being accused are now extremely serious.
While the law once focused mainly on sharing intimate images, it now also reaches the creation of such images, including entirely artificial ones.
If you are under investigation or have been accused of creating, requesting or sharing a deepfake intimate image, it is vital to understand what the law actually says and to get specialist advice early.
At Eventum Legal, we are criminal defence lawyers specialising in sexual offence allegations, and we defend clients across England and Wales who are facing exactly these kinds of accusations, including those who have been falsely accused.
What is a “deepfake” Intimate Image?
A deepfake intimate image is a sexual or nude image that has been digitally created or altered, often using artificial intelligence, to make it appear that a real person is depicted in an intimate state.
This includes so-called “nudification” using an app or tool to make a clothed photograph of someone appear naked.
Importantly, the law now covers purported images. That means it does not matter that the image is fake: if it appears to show a real, identifiable person in an intimate way, it can fall within the criminal threshold.
How Has the Law Changed?
The framework has been built up in layers over a short period, which is part of why it can be confusing. In broad terms:
Sharing intimate images has been a criminal offence for some time. The Online Safety Act 2023 strengthened the law on sharing, or threatening to share, intimate images without consent, and expressly brought deepfakes within its scope.
Creating or requesting a deepfake intimate image of an adult became a specific criminal offence under the Data (Use and Access) Act 2025, which came into force on 6 February 2026.
Crucially, an offence can be committed even if the image is never actually produced or shared; in some circumstances, requesting its creation can be enough.
The Crime and Policing Act 2026, which received Royal Assent on 29 April 2026, goes further still. It modernises and expands the law on technology-enabled sexual offending, including new offences relating to the taking and recording of intimate images without consent, and a new offence targeting the supply of AI tools specifically designed to create fake nude or sexualised images.
Its provisions are being brought into force in stages, so the precise position can depend on when an alleged offence took place, another reason to take advice from a lawyer who is on top of the current law.
Depending on the offence and the circumstances, a conviction can carry a custodial sentence, and many offences in this area can also result in being placed on the Sex Offenders Register and made subject to orders such as a Sexual Harm Prevention Order.
What If The Image Involves Someone Under 18?
Where an indecent image depicts a person under 18, the law is far stricter, and the consequences are far more serious.
Creating, possessing or sharing any indecent image of a child, including one that is AI-generated or a deepfake, is treated extremely seriously by the police and the courts.
If your case involves an allegation of this kind, you should seek specialist advice immediately from our child sexual offence lawyers and read more about how we defend indecent image offences.
I’ve been accused. What should I do?
Being accused of an offence like this is frightening, and the instinct to explain yourself or hand over your devices straight away is completely understandable.
But the early stages of an investigation are often where a case is won or lost. Before you speak to the police, you should get legal advice.
If you have been contacted by the police, asked to attend a voluntary interview, or arrested, our team can provide representation during the police investigation and at any police interview.
The right advice at the pre-charge stage can make a real difference to how, and whether, a case proceeds.
How Can These Allegations be Defended?
Every case turns on its own facts, and we always give honest, realistic advice rather than promises. But allegations involving deepfake and intimate image offences are frequently more complex than they first appear, and there are often important questions to examine, such as:
Whether you in fact created, requested or shared the image at all, or whether you have been wrongly identified
Whether the person depicted consented, or whether you held a reasonable belief in consent, where that is relevant to the offence
Whether the necessary intent, for example, an intent to cause alarm, distress or humiliation, can actually be proved
The reliability of the digital and forensic evidence, including how the material was found, attributed to a device, or recovered
Whether the allegation is simply false
Technology-enabled cases rely heavily on digital evidence, and that evidence is not always as clear-cut as the prosecution suggests. Scrutinising it properly is one of the most important things a specialist defence team can do.
Why Choose Eventum Legal?
Eventum Legal is a Manchester-based criminal defence firm specialising in sexual offence and domestic abuse allegations, with over 25 years of combined experience.
We act for clients throughout England and Wales, and we understand the impact an accusation like this can have on your reputation, your career and your family.
If you have been accused of creating or sharing a deepfake or any other intimate image offence, contact our team today for a confidential, no-obligation conversation about your case.
Frequently Asked Questions
Is it illegal to create a deepfake image in the UK?
Creating a sexual or nude “deepfake” image of an adult without their consent became a specific criminal offence under the Data (Use and Access) Act 2025, in force from 6 February 2026. In some circumstances, an offence can be committed even if the image is never shared, and even where no image is ultimately produced. The law was further strengthened by the Crime and Policing Act 2026.
Can I be prosecuted even if I never shared the image?
Yes. The current law targets the creation and, in some cases, the request to create a purported intimate image, not only the sharing of it. This is a significant change from the previous position, which focused mainly on distribution.
What is the sentence for a deepfake intimate image offence?
It depends on the specific offence and the circumstances. These offences can carry a custodial sentence, and may also lead to notification requirements (the Sex Offenders Register) and orders restricting your future conduct. Cases involving images of under-18s are treated far more seriously. We can advise you on the likely range once we understand the details of your case.
Should I speak to the police before getting legal advice?
We would strongly recommend speaking to a specialist criminal defence lawyer before any police interview, even a voluntary one. What happens in the early stages of an investigation can shape the entire case. Eventum Legal can represent you from the very first contact with the police.