TX SB 1361 — Deepfake Intimate Video

Relating to the Unlawful Production or Distribution of Sexually Explicit Videos Using Deep Fake Technology; Creating a Criminal Offense (SB 1361)
Texas · Tex. Penal Code Sec. 21.165 (SB 1361, 88th Leg., R.S. (2023))

Status
In effect
Took effect
September 1, 2023
Applies to
Any person who produces or distributes such material by electronic means.
Enforced by
Texas county and district attorneys; Texas law enforcement (criminal prosecution).

This law makes it a crime in Texas to create or share a deepfake video that falsely shows a real person with their intimate parts exposed or engaged in sexual conduct, when that person did not consent. It targets AI-generated or digitally fabricated sexual videos of identifiable people. A violation is a Class A misdemeanor.

Who is protected: Identifiable individuals depicted without consent in deepfake sexual videos.

Legal detail

SB 1361 (88th Leg., R.S.) adds Tex. Penal Code Sec. 21.165, criminalizing knowingly producing or distributing by electronic means a deep-fake video that appears to depict a person with intimate parts exposed or engaged in sexual conduct without that person's effective consent, classified as a Class A misdemeanor.

Key facts

JurisdictionTexas
LevelState
StrengthLimited
EnactedJune 2, 2023
CitationTex. Penal Code Sec. 21.165 (SB 1361, 88th Leg., R.S. (2023))
Private right of actionNo, agency enforcement only
PenaltiesClass A misdemeanor, generally punishable by up to one year in county jail and a fine of up to $4,000.
Topicsnon-consensual intimate imagery · deepfakes · AI-generated images
Bill textTexas Legislature Online — SB 1361 (88R) Bill History

More AI rules in Texas

Related non-consensual intimate imagery rules elsewhere

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