TX SB 441: Relating to criminal and civil liability related to sexually explicit media and artificial intimate visual material; creating a criminal offense; inc…

In one paragraph

Texas's SB 441 widens the Penal Code § 21.165 crime from deep fake videos to any deep fake media made or altered with AI or other technological means. Knowingly producing or distributing sexually explicit deep fake media of a person without signed written consent is a Class A misdemeanor, or a third-degree felony for a repeat offense or a depicted minor. Intentionally threatening to produce or distribute deep fake media to coerce, extort, harass or intimidate is a new offense. It adds civil liability for AI intimate images, including against nudification app owners, and requires websites and apps to honor removal requests within 72 hours. Signed June 20, 2025; effective September 1, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Websites and apps, including social media, must offer a removal-request system with notice and remove reported AI intimate images in 72 hours (DTPA). Nudification app owners and reckless facilitators or payment processors can be sued; AI tools that ban and filter such media have a criminal defense.

Key provisions

1. 1Deep fake media: a visual depiction (photo, film, video or digital image) created or altered with software, machine learning, AI or other technological means that appears to a reasonable person to depict a real person, indistinguishable from an authentic depiction, performing an action that did not occur; the former "intent to deceive" element is gone
2. 2§ 21.165(b): without consent, knowingly producing or distributing by electronic means deep fake media appearing to show the person with visible computer-generated or another person's intimate parts, or in sexual conduct they did not engage in. Class A misdemeanor; third-degree felony with a prior conviction or if the person depicted is under 18. Consent counts only if given in a signed, plain-language written agreement describing the media
3. 3§ 21.165(b-1): intentionally threatening to produce or distribute deep fake media (not limited to sexual content) to coerce, extort, harass or intimidate is a Class B misdemeanor, or Class A with a prior conviction or if the threatened media would depict a minor. On conviction of any § 21.165 offense, the court must order restitution for psychological, financial or reputational harm
4. 4A disclaimer or label saying the media is not authentic is not a defense. Affirmative defenses: law enforcement, reporting unlawful activity or legal proceedings; for § 21.165(b) only, internet, cloud, cybersecurity, communication or telecom providers acting solely in a technical, automatic or intermediate way, and AI app or software providers whose terms (acknowledged before access) ban such media and that take technical steps such as reporting tools and filtering outputs and training data
5. 5Civil (Civ. Prac. & Rem. Code § 98B.0021): anyone who produces, solicits, discloses or promotes artificial intimate visual material (AI- or software-made intimate material in which a person is recognizable by face, likeness, voice or other feature, indistinguishable to a reasonable person from the person depicted) without consent and with intent to harm is liable to the person depicted if it causes harm and reveals their identity. Remedies under existing § 98B.003 include actual damages (including mental anguish), court costs, attorney's fees and exemplary damages. Existing § 98B.007(b), unchanged, says Chapter 98B does not apply to claims against an interactive computer service (47 U.S.C. § 230) for disclosure or promotion of intimate visual material provided by another person
6. 6§ 98B.0022(a): owners of websites or apps, including social media platforms, that recklessly facilitate the material for payment, owners of a publicly accessible nudification app used to produce it, and anyone who recklessly processes or facilitates payment for it through the site or app (the heading names payment processors) are liable if they know or recklessly disregard that the person did not consent
7. 7Website and app owners must provide an easily accessible removal-request system and a clear, plain-language notice of it, and are liable if they fail to remove material within 72 hours of the depicted person's request and make reasonable efforts to remove known identical copies; these violations are DTPA deceptive trade practices, and the Attorney General may seek injunctions against repeat violators. Chapter 98B suits may use a pseudonym and must be filed within 10 years after the later of reasonable discovery or the depicted person turning 18
8. 8Signed by the Governor June 20, 2025 (Chapter 1133); effective September 1, 2025; the criminal changes apply only to offenses committed, and the civil changes only to causes of action accruing, on or after that date

Latest legislative action

Jun 20, 2025. Signed by the Governor