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By: González of El Paso, et al. |
H.B. No. 449 |
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(Senate Sponsor - Huffman) |
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(In the Senate - Received from the House May 7, 2025; |
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May 7, 2025, read first time and referred to Committee on Criminal |
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Justice; May 21, 2025, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 6, Nays 0; |
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May 21, 2025, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 449 |
By: Flores |
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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 media 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 MEDIA [VIDEOS]. |
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SECTION 2. Section 21.165(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Deep fake media [video]" means a visual depiction |
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[a video,] created or altered through [with] the use of software, |
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machine learning, artificial intelligence, or any other |
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computer-generated or technological means, including by adapting, |
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modifying, manipulating, or altering an authentic visual depiction |
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manually or through an automated process [intent to deceive], that |
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appears to a reasonable person to depict a real person, |
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indistinguishable from an authentic visual depiction of the real |
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person, 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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media [video] that appears to depict the person with the person's |
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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. |
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* * * * * |