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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful production or distribution of sexually |
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explicit images using deep fake technology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 21.165, Penal Code, is |
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amended to read as follows: |
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Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN |
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SEXUALLY EXPLICIT IMAGES OR VIDEOS. |
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SECTION 2. Section 21.165(a), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Deep fake image" means an image, created with the |
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intent to deceive, that appears to depict a real person performing |
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an action that did not occur in reality. |
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(1-a) "Deep fake video" means a video, created with |
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the intent to deceive, that appears to depict a real person |
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performing an action that did not occur in reality. |
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SECTION 3. Section 21.165(b), Penal Code, is amended to |
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read as follows: |
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(b) A person commits an offense if, without the effective |
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consent of the person appearing to be depicted, the person |
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knowingly produces or distributes by electronic means a deep fake |
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image or deep fake video that appears to depict the person with the |
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person's intimate parts exposed or engaged in sexual conduct. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |