AI law comparison · Data verified 2026-08-23
California AB 2655 (Election Deepfakes) vs Pennsylvania Digital Forgery Law
California AB 2655 (Election Deepfakes) and Pennsylvania Digital Forgery Law are two of the 169 AI and data regulations Aegis Firma tracks. They have different scopes, effective dates, and penalties — and many businesses fall under both. Here is the side-by-side, drawn directly from the regulatory registry.
Find which laws apply to my businessSide by side
Summary of publicly available regulatory text. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
The key difference
California AB 2655 (Election Deepfakes) takes effect first, so it is usually the more urgent of the two. California AB 2655 (Election Deepfakes) tracks 3 compliance requirements and Pennsylvania Digital Forgery Law tracks 16. They are not interchangeable — meeting one does not discharge the other. The practical question is not which law is “stricter,” but which of them — or both — actually applies to your business.
California AB 2655 — Defending Democracy from Deepfake Deception Act
HISTORICAL / NOT CURRENTLY ENFORCEABLE — California AB 2655 (Defending Democracy from Deepfake Deception Act of 2024) was struck down in its entirety on 20 August 2025 (Kohls v. Bonta, E.D. Cal.) as preempted by Section 230 of the Communications Decency Act; California has agreed not to enforce it, and a Ninth Circuit appeal is pending as of June 2026. The following describes the law AS ENACTED, for historical/contin…
Full California AB 2655 (Election Deepfakes) requirementsPennsylvania — AI Duty Profile (Act 35 of 2025 Digital Forgery; Act 125 of 2024; Insurance AI Notice 2024-04; Insurance Data Security Act; BPINA; DOS AI Enforcement Task Force)
Pennsylvania has NO comprehensive AI statute and NO comprehensive consumer-privacy or biometric-privacy statute as of August 25, 2026. What it has instead is a set of narrow, real, currently-binding duties that catch AI-using businesses at specific points. (1) DIGITAL FORGERY — 18 Pa.C.S. § 4101.1, added by Act 35 of 2025 (SB 649), signed 2025-07-07, effective 2025-09-05: a person commits digital forgery if, WITH INT…
Full Pennsylvania Digital Forgery Law requirementsCommon questions
Could both California AB 2655 (Election Deepfakes) and Pennsylvania Digital Forgery Law apply to my business?
Yes. California AB 2655 (Election Deepfakes) and Pennsylvania Digital Forgery Law are separate regulations with separate scopes — a business can fall under both at once. California AB 2655 (Election Deepfakes) covers HISTORICAL / NOT CURRENTLY ENFORCEABLE — AB 2655 was struck down in its entirety on 20 Aug 2025 (Kohls v. Pennsylvania Digital Forgery Law covers WHAT PENNSYLVANIA DOES NOT HAVE (as of 2026-08-25): no comprehensive AI act; no comprehensive consumer data-privacy act (HB 78 passed the House in October 2025… If your operations meet both scopes, you must comply with both. Aegis Firma's free scan checks all 169 tracked regulations against your business profile so you do not have to read each law to find out.
Which has the higher maximum penalty — California AB 2655 (Election Deepfakes) or Pennsylvania Digital Forgery Law?
California AB 2655 (Election Deepfakes): STRUCK DOWN (Kohls v. Bonta, 20 Aug 2025) — no live exposure. As enacted: injunctive or other equitable relief sought by the Attorney General, a district attorney, or a city attorney, with the violation proved by clear and convincing evidence (Elec. Code § 20516). The enforcement section provided no damages award and no general private right of action — the prior "damages (private right of action)" description was not supported by § 20516. Pennsylvania Digital Forgery Law: Digital forgery (18 Pa.C.S. § 4101.1): third-degree felony — up to 7 years imprisonment and a fine up to $15,000 — where committed through a scheme to defraud, coerce or commit theft; otherwise a first-degree misdemeanor, up to 5 years and a fine up to $10,000 (fine figures per the Crowell & Moring alert read this cycle; 18 Pa.C.S. § 1101 itself was not re-read this session). Criminal enforcement only — no private right of action under this section. Separately: UTPCPL civil penalties reported at up to $1,000 per violation and up to $3,000 per violation where the affected consumer is 60 or older (the Attorney General's vehicle for AI marketing deception and for breach-notification failures), and Insurance Department authority to impose monetary penalties and to suspend or revoke a licensee's licence, authorisation or registration under the Insurance Data Security Act. Penalty structures differ by regulator and violation type — read each law's full page for the cure periods and per-violation detail.
When does each law take effect?
California AB 2655 (Election Deepfakes) — effective 2025-01-01. Pennsylvania Digital Forgery Law — effective 2025-09-05. Dates last verified against official sources on 2026-08-23 and 2026-08-26 respectively.
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