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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 videos using deep fake technology; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Penal Code, is amended by adding |
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Section 21.165 to read as follows: |
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Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN |
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SEXUALLY EXPLICIT VIDEOS. (a) In this section: |
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(1) "Deep fake video" means a video, 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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(2) "Intimate parts" and "sexual conduct" have the |
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meanings assigned by Section 21.16. |
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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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video that appears to depict the person with the person's intimate |
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parts exposed or engaged in sexual conduct. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. This Act takes effect September 1, 2023. |