HB 1092

AN ACT relating to the unlawful production or distribution of sexually

House Bill • Shaheen | Ordaz

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

Bill introduced by legislator

In Committee

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

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Bill filed, pending referral to House committee

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What This Bill Does

This Texas bill criminalizes creating or sharing deep fake sexually explicit images or videos without the subject's consent, making it a Class A misdemeanor. The law specifically targets digitally manipulated images that appear to show a real person engaged in sexual conduct or with intimate parts exposed, with penalties increasing to a state jail felony if the deep fake involves a child under 14. The bill aims to protect individuals from non-consensual, digitally altered sexually explicit content that can cause significant personal and professional harm.

Subject Areas

Electronic Information Systems Crimes--Against Persons--Sexual Minors--Crimes Against Artificial Intelligence

Bill Text

relating to the unlawful production or distribution of sexually
explicit images or videos using deep fake technology; increasing a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Section 21.165, Penal Code, is
Sec. 21.165.  UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN
SEXUALLY EXPLICIT IMAGES OR VIDEOS.
SECTION 2.  Section 21.165(a)(1), Penal Code, is amended to
(1)  "Deep fake image or video" means an image or [a]
video, created with the intent to deceive, that appears to depict a
real person performing an action that did not occur in reality.
SECTION 3.  Sections 21.165(b) and (c), Penal Code, are
(b)  A person commits an offense if, without the effective
consent of the person appearing to be depicted, the person
knowingly produces or distributes by electronic means a deep fake
image or video that appears to depict the person with the person's
intimate parts exposed or engaged in sexual conduct.
(c)  An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if any depiction of a
real child that was incorporated into the deep fake image or video
was created when the child was younger than 14 years of age.
SECTION 4.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.  For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
SECTION 5.  This Act takes effect September 1, 2025.