S.B. No. 441 seeks to address the criminal and civil liabilities associated with the production and distribution of sexually explicit media, particularly focusing on "deep fake" media and artificial intimate visual material. The bill amends the Penal Code to redefine deep fake media, specifying that it includes visual depictions created or altered using advanced technologies that mislead viewers into believing they depict real individuals. It establishes that producing or distributing such media without consent is an offense, with penalties escalating to felony charges under certain conditions, such as prior convictions or if the depicted individual is a minor. Additionally, the bill introduces new provisions for consent, requiring a written agreement that clearly outlines the nature of the media involved.

In the Civil Practice and Remedies Code, the bill creates liability for individuals and entities involved in the unlawful production, solicitation, disclosure, or promotion of artificial intimate visual material, holding defendants liable for damages if they act without the consent of the depicted person and with the intent to cause harm. It also outlines the responsibilities of website owners and application developers in managing and removing such content. Furthermore, the bill allows claimants to use "confidential identity" in legal proceedings, maintaining the confidentiality of their identifying information, and establishes a statute of limitations requiring suits to be filed within ten years of discovering the intimate visual material or turning 18 years old. The provisions will apply only to causes of action accruing on or after the effective date of September 1, 2025, with offenses committed before this date governed by existing laws.

Statutes affected:
Introduced: Chapter B, Civil Practice and Remedies Code 120.001 (Chapter B, Civil Practice and Remedies Code 120)
Senate Committee Report: Chapter B, Civil Practice and Remedies Code 120.001 (Chapter B, Civil Practice and Remedies Code 120)
Engrossed: Chapter B, Civil Practice and Remedies Code 120.001 (Chapter B, Civil Practice and Remedies Code 120)
House Committee Report: Chapter B, Civil Practice and Remedies Code 120.001 (Chapter B, Civil Practice and Remedies Code 120)
Enrolled: Penal Code 21.165, Chapter B, Civil Practice and Remedies Code 120.001 (Penal Code 21, Chapter B, Civil Practice and Remedies Code 120)