TX SB 751 (2019, first state election deepfake law)

Texas SB 751 — Election Deepfake Criminal Statute (FIRST IN NATION)
TX · Tex. Elec. Code § 255.004 (as amended by SB 751, 86th Leg. R.S. 2019)

Status
In effect
Took effect
September 1, 2019
Applies to
Creators and distributors of election deepfakes in Texas
Enforced by
Texas county and district attorneys

Texas SB 751 (signed June 14, 2019) was the first U.S. state law making it a crime to create or distribute election deepfakes. Criminalizes creating/publishing/distributing a deepfake video with intent to injure a candidate or influence an election within 30 days of an election; Class A misdemeanor (up to 1 year jail and $4,000 fine). Still in effect 2026.

Who is protected: Texas voters; candidates for state office

Legal detail

Tex. Elec. Code § 255.004(d)-(e) (added by SB 751, 86th Leg., 2019) — criminalizes creating a 'deep fake video' (video using generative AI to depict a real person engaging in conduct that did not occur) with intent to (1) injure a candidate or (2) influence the result of an election, when published within 30 days of an election. Class A misdemeanor (up to 1 year jail + $4,000 fine). Applies only to state-level (not federal) races. Remains in effect as of June 2026; not yet directly subjected to a First Amendment challenge as of this writing.

Key facts

JurisdictionTX
LevelState
StrengthLimited
EnactedJune 14, 2019
CitationTex. Elec. Code § 255.004 (as amended by SB 751, 86th Leg. R.S. 2019)
Private right of actionNo, agency enforcement only
PenaltiesClass A misdemeanor — up to 1 year jail and $4,000 fine
Topicsdeepfakes · election deepfakes
StatuteSB 751 — Texas Legislature Online

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Related deepfakes rules elsewhere

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