Senate Bill No. 442, introduced by Hinojosa and Parker, aims to enhance the legal framework surrounding the unlawful production and distribution of certain sexually explicit media, specifically focusing on "deep fake" media. The bill amends Section 21.165 of the Penal Code, changing the terminology from "videos" to "media" and expanding the definition of "deep fake media" to include visual depictions created or altered through various technological means. It introduces a new definition for "visual depiction" and specifies that consent for the production or distribution of such media must be obtained through a written agreement that is clear and comprehensible.

The bill also increases the penalties for violations, classifying offenses as Class A misdemeanors, with escalated penalties to a felony of the third degree for repeat offenders. It clarifies that disclaimers on deep fake media do not serve as defenses against prosecution and outlines specific circumstances under which the production or distribution of deep fake media may be considered an affirmative defense, such as in law enforcement or medical contexts. 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)