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 include specific definitions and penalties related to deep fake content. Notably, the heading of the section is updated to specify "UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT IMAGES OR VIDEOS." Additionally, the definition of a "deep fake image or video" is clarified to mean an image or video created with the intent to deceive, depicting a real person in actions that did not occur.

The bill also enhances the penalties for such offenses, changing the classification from a Class A misdemeanor to a state jail felony for individuals who produce or distribute deep fake images or videos without the consent of the depicted person, particularly if those images or videos expose intimate parts or show sexual conduct. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the previous law.

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