We can argue it shouldn't be considered a crime and I'd argue deepfakes should not be a crime. I'd also argue considering them so is close to "thought police".

And, I'd argue fighting them is a losing cause. They get easier and easier to make daily. Lots of papers at the most recent Siggraph on how to take a single photo and turn it into an deepfake, oh, I mean avatar for a game, model for virtual clothes fitting, etc...