H.B. No. 449 aims to address the unlawful production and distribution of sexually explicit images and videos created using deep fake technology. The bill amends Section 21.165 of the Penal Code, changing the heading to specify "UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT IMAGES OR VIDEOS." It introduces definitions for "deep fake image" and "deep fake video," both of which refer to deceptive representations of real individuals performing actions that did not occur in reality.

Additionally, the bill establishes that a person commits an offense if they knowingly produce or distribute a deep fake image or video of another person without their consent, particularly if it depicts the individual in a sexually explicit manner. 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, ensuring that any offenses occurring prior to this date will be governed by the existing law.

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