HB 449

relating to the unlawful production or distribution of sexually
explicit images using deep fake technology.
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), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
(1)  "Deep fake image" means an image, created with the
intent to deceive, that appears to depict a real person performing
an action that did not occur in reality.
(1-a)  "Deep fake video" means 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.  Section 21.165(b), Penal Code, is amended to
(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 deep fake video that appears to depict the person with the
person's intimate parts exposed or engaged in sexual conduct.
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.