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A BILL TO BE ENTITLED
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AN ACT
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relating to sexually explicit artificially generated images and |
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videos. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 120, Business & Commerce |
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Code, is amended by adding Section 120.152 to read as follows: |
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Sec. 120.152. ACTION BY USER. (a) A user may bring an |
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action against a social media platform for appropriate equitable |
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relief to compel the platform to remove a sexually explicit |
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artificially generated image or video the posting of which |
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constitutes an offense under Section 21.165, Penal Code, and for |
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which the user submitted a good faith complaint under Section |
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120.102. |
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(b) A prevailing claimant in an action brought under |
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Subsection (a) may recover costs incurred in bringing the action, |
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including court costs and reasonable attorney's fees. |
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SECTION 2. Section 21.16, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (d-1) to read as |
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follows: |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person and with the intent to harm that person, the person discloses |
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visual material depicting another person with the person's intimate |
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parts exposed or engaged in sexual conduct; |
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(2) either: |
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(A) at the time of the disclosure, the person |
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knows or has reason to believe that the visual material was obtained |
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by the person or created under circumstances in which the depicted |
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person had a reasonable expectation that the visual material would |
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remain private; or |
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(B) the visual material was created, adapted, or |
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modified as described by Subsection (d-1); |
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(3) the disclosure of the visual material causes harm |
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to the depicted person; and |
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(4) the disclosure of the visual material reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the visual material. |
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(d-1) For purposes of conduct prohibited under Subsection |
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(b), (c), or (d), visual material to which that conduct applies |
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includes a depiction of a person: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image was used in creating, adapting, or |
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modifying the visual material, including computer-generated visual |
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material that was created, adapted, or modified using an artificial |
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intelligence application or other computer software. |
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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 IMAGES OR VIDEOS. |
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SECTION 4. Section 21.165(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Artificially generated image or ["Deep fake] |
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video" means an image or [a] video [, created with the intent to |
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deceive,] that includes a depiction of [appears to depict] a [real] |
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person: |
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(A) who is recognizable as an actual person by |
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the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) whose image was used in creating, adapting, |
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or modifying the image or video, including a computer-generated |
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image or video that was created, adapted, or modified using an |
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artificial intelligence application or other computer software |
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[performing an action that did not occur in reality]. |
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SECTION 5. 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 an |
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artificially generated image or [a deep fake] video that appears to |
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depict the person with the person's intimate parts exposed or |
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engaged in sexual conduct. |
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SECTION 6. Section 43.26(i), Penal Code, is amended to read |
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as follows: |
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(i) For purposes of conduct prohibited under this section, |
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visual material to which that conduct applies includes: |
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(1) a depiction of a child: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a child younger than 18 |
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years of age was used in creating, adapting, or modifying the visual |
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material, including computer-generated visual material that was |
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created, adapted, or modified using an artificial intelligence |
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application or other computer software; or |
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(2) a depiction of a child, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual child younger than 18 years of age. |
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SECTION 7. Section 43.261(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes: |
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(1) a depiction of a minor: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a minor was used in |
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creating, adapting, or modifying the visual material, including |
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computer-generated visual material that was created, adapted, or |
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modified using an artificial intelligence application or other |
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computer software; or |
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(2) a depiction of a minor, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual minor. |
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SECTION 8. Section 43.262(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes: |
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(1) a depiction of a child: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a child younger than 18 |
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years of age was used in creating, adapting, or modifying the visual |
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material, including computer-generated visual material that was |
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created, adapted, or modified using an artificial intelligence |
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application or other computer software; or |
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(2) a depiction of a child, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual child younger than 18 years of age. |
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SECTION 9. Section 120.152, Business & Commerce Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 10. Sections 21.16, 21.165, 43.26, 43.261, and |
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43.262, Penal Code, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 11. This Act takes effect September 1, 2025. |