The bill, H.B. No. 387, aims to address the unlawful production or distribution of sexually explicit images or videos created using deep fake technology. It amends Section 21.165 of the Penal Code to clarify the definition of a "deep fake image or video" as one that is created with the intent to deceive and appears to depict a real person performing actions that did not occur in reality. The bill also specifies that a person commits an offense if they knowingly produce or distribute a deep fake image or video that depicts another person with their intimate parts exposed or engaged in sexual conduct without their consent.

Additionally, the bill increases the criminal penalty for such offenses from a Class A misdemeanor to a state jail felony. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.

Statutes affected:
Introduced: Penal Code 21.165 (Penal Code 21)