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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 certain |
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sexually explicit media and to the removal of certain intimate |
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visual depictions published on online platforms without the consent |
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of the person depicted; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Exploitation |
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Protection Act. |
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SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 121 to read as follows: |
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CHAPTER 121. UNAUTHORIZED INTIMATE VISUAL DEPICTIONS |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Covered platform": |
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(A) means an Internet website, online service, |
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online application, or mobile application that: |
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(i) is publicly accessible and primarily |
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provides a forum for user-generated content, including messages, |
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videos, images, games, and audio files; or |
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(ii) is engaged in the business of |
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publishing, curating, hosting, or making available content of |
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intimate visual depictions; and |
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(B) does not include: |
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(i) an Internet service provider as defined |
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by Section 324.055; |
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(ii) electronic mail; or |
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(iii) an online service, application, or |
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website: |
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(a) that consists primarily of |
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content that is not user generated but is preselected by the |
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provider; and |
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(b) for which any chat, comments, or |
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interactive functionality is incidental to, directly related to, or |
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dependent on the provision described by Sub-subparagraph (a). |
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(2) "Identifiable individual" means an individual: |
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(A) who appears in whole or in part in an intimate |
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visual depiction; and |
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(B) whose face, likeness, or other |
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distinguishing characteristic is displayed in connection with the |
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intimate visual depiction. |
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(3) "Intimate area" has the meaning assigned by |
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Section 21.15, Penal Code. |
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(4) "Intimate visual depiction" means a depiction of: |
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(A) an identifiable individual engaged in sexual |
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conduct; or |
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(B) an intimate area of an identifiable |
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individual. |
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(5) "Sexual conduct" has the meaning assigned by |
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Section 21.16, Penal Code. |
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Sec. 121.002. APPLICABILITY TO INTIMATE VISUAL DEPICTIONS |
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IN PUBLIC PLACE. This chapter applies to an intimate visual |
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depiction of an identifiable individual in a public place, as |
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defined by Section 1.07, Penal Code, only if the individual did not: |
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(1) voluntarily display any intimate areas depicted; |
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or |
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(2) consent to the sexual conduct that is the subject |
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of the depiction. |
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Sec. 121.003. NOTICE AND REMOVAL OF UNAUTHORIZED INTIMATE |
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VISUAL DEPICTIONS. (a) A covered platform shall establish a |
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process by which an identifiable individual, or the individual's |
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authorized representative, may: |
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(1) notify the covered platform of an intimate visual |
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depiction of the identifiable individual that was published without |
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the consent of the identifiable individual; and |
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(2) submit a request for removal of the intimate |
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visual depiction. |
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(b) A notification and request for removal under Subsection |
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(a) must be in writing and must also include: |
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(1) an identification of, and information reasonably |
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sufficient for the covered platform to locate, the intimate visual |
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depiction of the identifiable individual; |
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(2) a brief statement that the identifiable individual |
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has a good faith belief that the individual did not consent to the |
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publication of the intimate visual depiction; and |
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(3) information sufficient to enable the covered |
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platform to contact the identifiable individual or the individual's |
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authorized representative. |
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(c) A covered platform shall provide a clear and conspicuous |
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disclosure, on the platform, of the notice and removal process |
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established under Subsection (a). The disclosure: |
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(1) must be in plain language; |
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(2) must contain the responsibilities of the covered |
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platform under Subsection (d); |
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(3) must provide the manner of submission of |
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notifications and requests for removal; and |
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(4) may be provided through a clear and conspicuous |
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link to another web page. |
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(d) On receiving a removal request in accordance with this |
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section from an identifiable individual, or the individual's |
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authorized representative, a covered platform shall, as soon as |
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practicable, but not later than 48 hours after receiving the |
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request: |
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(1) remove the intimate visual depiction; and |
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(2) make reasonable efforts to identify and remove any |
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known identical copies of the intimate visual depiction. |
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Sec. 121.004. DECEPTIVE TRADE PRACTICE. A violation of |
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this chapter is a deceptive trade practice under Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 3. 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 4. Section 21.165(a), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (3) to read as |
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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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(3) "Visual depiction" means a photograph, motion |
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picture film, videotape, digital image or video, or other visual |
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recording. |
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SECTION 5. Section 21.165, Penal Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(c-1), and (c-2) to 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: |
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(1) with visible computer-generated intimate parts or |
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with the visible intimate parts of another human being as the |
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intimate parts of the person; or |
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(2) engaging in sexual conduct in which the person did |
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not engage [with the person's intimate parts exposed or engaged in |
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sexual conduct]. |
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(b-1) Consent required by Subsection (b) is valid only if |
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the person appearing to be depicted knowingly and voluntarily |
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signed a written agreement that was drafted in plain language. The |
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agreement must include: |
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(1) a general description of the deep fake media; and |
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(2) if applicable, the audiovisual work into which the |
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deep fake media will be incorporated. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that the offense is a felony of the third degree if it is |
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shown on the trial of the offense that: |
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(1) the person appearing to be depicted is younger |
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than 18 years of age; or |
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(2) the actor has been previously convicted of an |
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offense under this section. |
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(c-1) It is not a defense to prosecution under this section |
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that the deep fake media: |
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(1) contains a disclaimer stating that the media was |
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unauthorized or that the person appearing to be depicted did not |
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participate in the creation or development of the deep fake media; |
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or |
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(2) indicates, through a label or otherwise, that the |
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depiction is not authentic. |
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(c-2) It is an affirmative defense to prosecution under this |
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section that the production or distribution of the deep fake media |
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occurs in the course of: |
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(1) lawful and common practices of law enforcement or |
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medical treatment; |
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(2) reporting unlawful activity; or |
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(3) a legal proceeding, if the production or |
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distribution is permitted or required by law. |
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SECTION 6. The changes in law made by this Act to Section |
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21.165, Penal Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2025. |
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(b) Chapter 121, Business & Commerce Code, as added by this |
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Act, takes effect September 1, 2026. |