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" and revising the definition of "deep fake media" to encompass a broader range of visual depictions. This includes any visual representation created or altered through software, machine learning, or artificial intelligence that appears indistinguishable from an authentic depiction of a real person, particularly in contexts where the person is shown in a compromising or sexual manner.

Additionally, the bill specifies that a person commits an offense if they knowingly produce or distribute deep fake media without the consent of the depicted individual, particularly if the media shows the person's intimate parts or 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, ensuring that any offenses occurring prior to 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)