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
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | June 2, 2023 |
| Citation | Tex. Penal Code Sec. 21.165 (SB 1361, 88th Leg., R.S. (2023)) |
| Private right of action | No, agency enforcement only |
| Penalties | Class A misdemeanor, generally punishable by up to one year in county jail and a fine of up to $4,000. |
| Topics | non-consensual intimate imagery · deepfakes · AI-generated images |
| Bill text | Texas Legislature Online — SB 1361 (88R) Bill History |
More AI rules in Texas
- TX TDI Bulletin B-0003-26 (AI in insurance) · In effect
- Texas Gov. Abbott data center grid-connection audit freeze · In effect
- Texas HB 3512 government AI training mandate (2025) · In effect
- Texas TWDB data center water reporting penalties (2026) · In effect
- Texas Abbott halt on state funding for Flock cameras (2026) · In effect
- Texas AG data center water-reporting investigation (2026) · In effect
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
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