HB 387

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 state jail felony
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.