In one paragraph
Texas SB 1361 (2023) created Penal Code 21.165. It is a Class A misdemeanor to knowingly produce or distribute by electronic means, without the depicted person's effective consent, a deep fake video that appears to show the person with intimate parts exposed or engaged in sexual conduct. A deep fake video is a video created with intent to deceive that appears to depict a real person performing an action that did not occur in reality. SB 441 (2025) later broadened the offense. Effective September 1, 2023.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Anyone creating or sharing sexually explicit deepfake videos of real people in Texas faces criminal liability; platforms should expect related takedown demands.
Key provisions
- Penal Code 21.165: offense to produce or distribute a sexually explicit deep fake video without the depicted person's effective consent
- Covers videos appearing to show the person with intimate parts exposed or engaged in sexual conduct
- Deep fake video: created with intent to deceive and appearing to depict a real person doing something that did not occur
- Class A misdemeanor; conduct may also be prosecuted under other applicable law
Latest legislative action
Jun 2, 2023. Signed by the Governor; Acts 2023, 88th Leg., R.S., ch. 355
Sponsors
| Name | Role | District |
|---|---|---|
| Dustin Burrows R | Sponsor | HD-083 |
| Joan Huffman R | Sponsor | SD-017 |
Roll call votes
H Read 3rd time RV#1818 May 18, 2023
143 yea0 nay6 otherPassed
S Three day rule suspended Apr 20, 2023
31 yea0 nayPassed
S Read 3rd time Apr 20, 2023
31 yea0 nayPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error