Bill Text: TX HB1092 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the unlawful production or distribution of sexually explicit images or videos using deep fake technology; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1092 Detail]
Download: Texas-2025-HB1092-Introduced.html
89R3469 JBD-F | ||
By: Shaheen | H.B. No. 1092 |
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relating to the unlawful production or distribution of sexually | ||
explicit images or videos using deep fake technology; increasing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 21.165, Penal Code, is | ||
amended to read as follows: | ||
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 | ||
read as follows: | ||
(1) "Deep fake image or video" means an image or [ |
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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 | ||
amended to read as follows: | ||
(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 | ||
before that date. | ||
SECTION 5. This Act takes effect September 1, 2025. |