Texas Senate Bill 441 (89R, 2025) — Criminal and Civil Liability for Sexually Explicit and Artificial Intimate Visual Material
Texas · Tex. S.B. 441, 89th Leg., R.S. (2025); amending Tex. Penal Code 21.165 and Tex. Civ. Prac. & Rem. Code ch. 98B (adding 98B.0021, 98B.0022, 98B.008, 98B.009); eff. Sept. 1, 2025
This Texas law makes it a crime to knowingly create or share, without consent, AI-generated or otherwise manipulated deepfake images that falsely depict a real person with computer-generated intimate parts or engaged in sexual conduct they never performed, and bans threatening to do so. It also lets victims sue the people who made or spread such artificial intimate visual material, and extends that liability to owners of websites, social platforms, AI 'nudification' apps, or payment systems that knowingly or recklessly facilitate the content. Covered websites and apps must offer an easy removal-request tool and can be liable if they fail to take material down within 72 hours of a depicted person's request. Victims may sue using a confidential identity and have up to 10 years to file.
Technical detail
S.B. 441 (89R, 2025) amends Tex. Penal Code 21.165 (renamed 'Unlawful Production or Distribution of Certain Sexually Explicit Media'), adding offense subsections and penalty/defense provisions, and amends Tex. Civ. Prac. & Rem. Code ch. 98B (adding 98B.0021, 98B.0022 website/AI-app/payment-processor liability and 72-hour takedown, 98B.008 confidential identity, 98B.009 10-year limitations), effective Sept. 1, 2025.
Who is protected: Real, identifiable people depicted without effective consent in deepfake or AI-generated intimate/sexually explicit visual material, with heightened protection where the depicted person is younger than 18.
Who must comply: Anyone who produces, distributes, solicits, discloses, or promotes such material; owners of internet websites, applications, and social media platforms (including 'nudification' AI apps); AI application developers/providers; and payment processors that facilitate payment for the material.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-09-01 |
| Enacted | 2025-06-20 |
| Citation | Tex. S.B. 441, 89th Leg., R.S. (2025); amending Tex. Penal Code 21.165 and Tex. Civ. Prac. & Rem. Code ch. 98B (adding 98B.0021, 98B.0022, 98B.008, 98B.009); eff. Sept. 1, 2025 |
| Enforced by | Texas county/district prosecutors (criminal); private civil claimants via Chapter 98B; the Texas Attorney General may investigate and seek injunctive relief against repeat violators of the takedown/removal/notice duties (actionable as deceptive trade practices under the DTPA). |
| Private right of action | Yes — individuals can sue |
| Penalties | Criminal: producing or distributing nonconsensual deepfake intimate media is a Class A misdemeanor, rising to a third-degree felony for a prior conviction or where the person depicted is under 18; threatening to produce/distribute such media is a Class B misdemeanor, rising to Class A for a prior conviction or a depiction of a person under 18; restitution is required. Civil: depicted persons may recover damages from producers/distributors and from facilitating website, AI-app, and payment-processor owners; failure to remove within 72 hours, failure to provide the removal system, or failure to give required notice is an actionable deceptive trade practice with possible AG injunction, costs, and fees. |
| Topics | non-consensual intimate imagery · AI-generated images · deepfakes · children's online safety · consumer protection |
| Last verified | 2026-06-16 |
| Official source | Texas Legislature Online — S.B. 441, 89th Legislature, Regular Session (2025): bill history, enrolled text, and Senate Research Center analysis ↗ |
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 SB 6 (Data Center Grid Law) · In effect
- TX SB 2205 (2017 AV statute) · In effect
- TX HB 912 (2013 drone privacy) · In effect
- TX HB 2700 — AI/Altered CSAM · In effect
Related non-consensual intimate imagery rules elsewhere
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- NY S5959-D (2020, digital replicas + deepfake porn) · In effect
- VA HB 2678 (2019, first deepfake-NCII criminal law) · In effect
- Missouri Deepfake & Digital Media Protection Act · Proposed / pending
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.