By: Huffman  S.B. No. 1361
         (In the Senate - Filed March 1, 2023; March 16, 2023, read
  first time and referred to Committee on Criminal Justice;
  April 5, 2023, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 5, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the unlawful production or distribution of sexually
  explicit videos using deep fake technology; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 21, Penal Code, is amended by adding
  Section 21.165 to read as follows:
         Sec. 21.165.  UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN
  SEXUALLY EXPLICIT VIDEOS. (a) In this section:
               (1)  "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.
               (2)  "Intimate parts" and "sexual conduct" have the
  meanings assigned by Section 21.16.
         (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
  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.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section or the other law.
         SECTION 2.  This Act takes effect September 1, 2023.
 
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