Deepfake Solicitors.

If you’ve been contacted by police, invited to a voluntary interview or think you could be under investigation for a deepfake offence of a sexual nature, you need specialist legal advice now.

New laws that came into effect in 2026 make creating non-consensual intimate images a specific criminal offence, even if they never leave your own device. If you’re facing an investigation around these alleged offences, how you act in the early stages can make a significant difference.

PCD Solicitors are a national criminal defence firm specialising in sexual offences, including those committed online. Our team advises clients across England and Wales at every stage of an investigation, starting before any police contact, through to trial and appeals.

All initial consultations are free, confidential and discreet.

    How can we assist you

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    How we can help.

    If you’re facing any allegations or an investigation involving intimate deepfakes, PCD Solicitors are here to guide you the entire process with expert legal advice, including:

    • Advising you before any police or voluntary interview under caution, so you understand your rights and how to protect your position
    • Attending police interviews with you so you have proper representation
    • Challenging any digital forensic evidence taken during the investigation (including the use of expert witnesses when needed)
    • Engaging directly with the Crown Prosecution Service to present your case before any charging decisions are made
    • Advising on the full range of available defences

    What is a deepfake offence?

    Deepfakes are images and videos created using artificial intelligence tools like AI image generators. These tools are able to superimpose one person’s likeness onto another person’s body that are highly realistic and can be difficult to detect without proper analysis.

    A sexually explicit deepfake is any AI-generated image or video showing a real, identifiable person in a sexual context that didn’t happen and where no consent was given to create the image. This includes any images from photographs that aren’t themselves sexual in nature.

    What the UK law says about creating deepfake images.

    Section 138 of the Data (Use and Access) Act 2025 created a new specific offence for the creation of sexually explicit deepfake images, which came into force in England and Wales in February 2026. This is separate from (but works alongside) existing offences of sharing intimate images.

    It’s important to know that just the creation of sexually explicit deepfakes without consent is enough to be convicted. You don’t have to have shared the image with anyone.

    What defences are available to you?

    The best way to defend you against allegations will depend on the specifics of your case, but depending on the circumstances we do have a number of options to use.

    The prosecution needs to prove that you intended to create any images without consent. If we can show images were created accidentally – like through automated processes, or without your knowledge – it could provide grounds for a challenge.

    If you share a device or account with another person, or it’s possible for your device or account to be used by more than just you, we could argue whether it’s clear who actually created the content.

    It’s entirely possible for images to be sent or planted on your device without your knowledge, or for metadata to be manipulated or for automated processes to generate content without your involvement or knowledge. We work with digital forensic experts to examine any evidence against you to find any weaknesses in the prosecution case.

    What behaviour is now criminalised?

    Under the new laws these categories of behaviour are now deemed a criminal offence. If you’re not sure you fall into these categories, our expert legal defence solicitors can advise you.

    • Creating a sexually explicit deepfake image of a real, identifiable person without their consent
    • Commissioning a third party, including via an online platform or app, to create a sexually explicit deepfake image on your behalf
    • Creating a deepfake for the purpose of sexual gratification, even if the image is never shared
    • Creating a deepfake with intent to cause distress, humiliation or alarm to the person in the image or video
    • Sharing or threatening to share sexually explicit deepfakes without consent of the person depicted
    • Creating deepfake content constituting indecent images of children (which is still a separate and very serious offence in current legislation)

    Penalties for sexually explicit deepfake offences

    Any punishment for deepfake offences depends on the nature of the conduct involved.

    Creating sexually explicit images and sharing them have different maximum sentences, any punishment can also be affected by things like the extent of the conduct, any harm caused and your background and character.

    Creating a sexually explicit deepfake

    If you create a deepfake you can face a prison sentence up to 6 months, or an unlimited fine.

    Sharing or distributing intimate deepfake images

    If any deepfake image you create has been shared or distributed without consent, you could face a maximum sentence of up to two years in prison.

    Additional consequences

    If you’re convicted of deepfake offences you should be prepared not only for the actual sentence, whether it’s a fine or prison term, but the other consequences a conviction comes with:

    • A criminal record
    • Possibly being put on the Sex Offenders Register depending on the specific charge
    • Loss of a job
    • Social services referral and a possible impact on your access to children
    • Reputational damage from press coverage

    What to expect if you’re under investigation.

    If the police get a complaint about you then investigations tend to follow the same procedure, so knowing what to expect at each stage (and when you should get legal advice) can be important to your defence.

    Once a complaint is received, police officers assess the allegations and decide if there are grounds for further investigation.

    If the police do decide to investigate it’s likely they’ll seize your electronic devices including phones, computers, laptops, tablets and any external storage for forensic examination. Deepfake detection technology is becoming more sophisticated and police and law enforcement agencies may work alongside government coalitions and technology companies to find AI-generated content.

    Early in their investigation police may invite you to attend a voluntary interview under caution, or you could be arrested and interviewed depending on any evidence police have. Either way, you have the right to a solicitor and we strongly advise that you don’t attend any police interview (voluntary or otherwise) without specialist legal advice. What you say at this stage can have a big impact on any future investigation.

    If they think they have enough evidence, police will refer the case to the Crown Prosecution Service (CPS) for a charging decision. This is a critical stage of your case. PCD Solicitors engage proactively with the CPS to present evidence and representations on your behalf before they make a decision. Our aim is to prevent charges being brought where we believe evidence doesn’t support prosecution.

    If the CPS decides to bring charges, your case will go to court. Our team has experience defending sexual offence allegations at every level of the court system, including before the Crown Court.

    Let’s talk.

    Contact our deepfake defence solicitors

    If you’ve been accused of creating or sharing sexually explicit deepfakes, or if you’re concerned you could be in violation of the new creation laws, contact our team immediately.

    At PCD Solicitors we’re a nationwide criminal defence firm specialising in sexual offences committed online, including image-based sexual abuse, indecent images and digital offences. We’re authorised and regulated by the Solicitors Regulation Authority.
    Remember, in any case, the earlier you instruct a specialist solicitor the more options you have so get in touch with us today.

    All enquiries are dealt with in complete confidence.

    0151 705 8488

    info@pcdsolicitors.co.uk

    The Maltings, 100 Wilderspool Causeway,
    Warrington, Cheshire, WA4 6PU, UK

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