H.B. No. 449 introduces new legal provisions to address the unlawful production or distribution of sexually explicit media created using deep fake technology. The bill amends Section 21.165 of the Penal Code, changing the heading to "UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT MEDIA." It redefines "deep fake media" to encompass a broader range of visual depictions created or altered through various technological means, ensuring that such depictions appear indistinguishable from authentic representations of real individuals engaged in actions that did not occur in reality.

Additionally, the bill specifies that a person commits an offense if they knowingly produce or distribute deep fake media that depicts another person without their consent, particularly in contexts where the individual’s intimate parts are exposed or they are engaged in 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)
House Committee Report: Penal Code 21.165 (Penal Code 21)
Engrossed: Penal Code 21.165 (Penal Code 21)
Senate Committee Report: Penal Code 21.165 (Penal Code 21)
Enrolled: Penal Code 21.165 (Penal Code 21)