S.B. No. 442 aims to enhance the prosecution and punishment of unlawful production or distribution of certain sexually explicit media, specifically focusing on "deep fake media." The bill amends the heading of Section 21.165 of the Penal Code to replace "VIDEOS" with "MEDIA" and introduces a more comprehensive definition of "deep fake media." This definition now includes visual depictions created or altered through various technological means, ensuring that they appear indistinguishable from authentic representations of real individuals. Additionally, the bill adds a new definition for "visual depiction," encompassing a broader range of media formats.

The bill also modifies the conditions under which a person can be prosecuted for producing or distributing deep fake media without consent. It establishes that consent must be obtained through a written agreement that clearly describes the media involved. The penalties for violations are increased, with offenses classified as Class A misdemeanors, escalating to felonies of the third degree for repeat offenders. Furthermore, the bill clarifies that disclaimers or labels indicating unauthorized participation do not serve as defenses against prosecution. It also provides affirmative defenses for lawful practices in law enforcement, medical treatment, reporting unlawful activity, or legal proceedings. The changes will take effect on September 1, 2025, and apply only to offenses committed after that date.

Statutes affected:
Introduced: Penal Code 21.165 (Penal Code 21)
Senate Committee Report: Penal Code 21.165 (Penal Code 21)
Engrossed: Penal Code 21.165 (Penal Code 21)
House Committee Report: Penal Code 21.165 (Penal Code 21)