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Rules / Deepfake intimate image creation offence / Sexual Offences Act 2003, section 66E (inserted by s.138(2))

Sexual Offences Act 2003, section 66E (inserted by s.138(2)), Deepfake intimate image creation offence (United Kingdom)

Do not intentionally create an image that appears to be a photograph or film of an adult in an intimate state, but is not, without their consent or a reasonable belief that they consent.

WTA-R-GB-0004-001 Permanent ID

Scope

England and Wales. The text does not mention AI; it covers any 'purported intimate image'. Defence of reasonable excuse (s.66E(5)). Modifications that add no intimate content and no other person are excluded (s.66E(4)).

Dates. Section 138 commenced 6 Feb 2026 (SI 2026/31, reg. 2).

Penalty. Summary offence: imprisonment up to the maximum term for summary offences (six months, or 51 weeks once CJA 2003 s.281(5) is in force), a fine, or both (s.66G(8)).

SourceSexual Offences Act 2003, section 66E (inserted by s.138(2)) of the Data (Use and Access) Act 2025, section 138 - Creating, or requesting the creation of, purported intimate image of adultChecked against the official text on 8 Oct 2026.

History

No changes to this obligation since we started recording on 8 Oct 2026. All changes

Cite this obligation

WTA-R-GB-0004-001: Sexual Offences Act 2003, section 66E (inserted by s.138(2)), Data (Use and Access) Act 2025, section 138 - Creating, or requesting the creation of, purported intimate image of adult. wheresthe.ai, https://wheresthe.ai/id/WTA-R-GB-0004-001/ (checked 8 Oct 2026).

Other obligations under Deepfake intimate image creation offence

  1. WTA-R-GB-0004-002Sexual Offences Act 2003, section 66F (inserted by s.138(2))AnyoneSince 6 Feb 2026

    Do not intentionally request, privately or publicly, the creation of a purported intimate image of another adult, or ask for particular content in it, without their consent or a reasonable belief in consent.