S.B. No. 441 aims to enhance legal protections against the unauthorized production and distribution of sexually explicit media, particularly focusing on "deep fake" content and artificial intimate visual material. The bill amends the Penal Code to redefine deep fake media, establishing that producing or distributing such content without consent constitutes an offense, with penalties escalating to felony charges under certain conditions, such as prior convictions or if the depicted individual is a minor. It also introduces new definitions and requirements for consent, mandating a clear and voluntary written agreement.

In addition to criminal liabilities, the bill creates civil liabilities under the Civil Practice and Remedies Code for individuals and entities involved in the unlawful production or promotion of artificial intimate visual material. It holds website and application owners accountable for facilitating such content, requiring them to provide a clear process for removal requests. The bill also allows claimants to use "confidential identity" in legal actions, ensuring their identifying information remains protected, and establishes a ten-year statute of limitations for filing suits related to these offenses. The provisions will apply only to causes of action accruing on or after the effective date of September 1, 2025, with prior offenses 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 (Chapter B, Civil Practice and Remedies Code 120, Penal Code 21)