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  88R10587 CJD-F
 
  By: Johnson S.B. No. 1044
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal offenses for the creation or distribution of
  certain misleading images and videos; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 255.004, Election Code,
  is amended to read as follows:
         Sec. 255.004.  FALSE IMAGES, VIDEOS, AND SOURCES [TRUE
  SOURCE] OF COMMUNICATION.
         SECTION 2.  Section 255.004, Election Code, is amended by
  amending Subsections (c), (d), and (e) and adding Subsections (d-1)
  and (d-2) to read as follows:
         (c)  An offense under Subsection (a), (b), or (d) [this
  section] is a Class A misdemeanor. An offense under Subsection
  (d-1) is a Class B misdemeanor.
         (d)  A person commits an offense if the person, with the
  intent to deceive and with the intent to injure a candidate or
  influence the result of an election:
               (1)  creates or causes to be created a deep fake video;
  and
               (2)  publishes, distributes, or causes [the deep fake
  video] to be published or distributed the deep fake video during the
  period beginning 90 days before the date of the election and ending
  on the date of the [within 30 days of an] election.
         (d-1)  A person commits an offense if the person, with the
  intent to deceive and influence the result of an election:
               (1)  creates or causes to be created an altered image;
  or
               (2)  publishes, distributes, or causes to be published
  or distributed an altered image during the period beginning 90 days
  before the date of the election and ending on the date of the
  election.
         (d-2)  It is an affirmative defense to prosecution for an
  offense under Subsection (d-1) if the person includes a clear label
  on the image stating that the image is altered.
         (e)  In this section:[,]
               (1)  "Altered image" means an image that has been
  manipulated to change the physical appearance of an individual or
  depict an individual performing an action that did not occur. The
  term does not include:
                     (A)  a cartoon, caricature, or any other image
  that a reasonable viewer would understand to be a satirical
  representation of the individual; or
                     (B)  an image altered only to change the
  saturation, brightness, contrast, color, or any other superficial
  quality of the image.
               (2)  "Deep ["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.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.