H.B. No. 2795 introduces new criminal offenses related to the creation and distribution of misleading images and videos, specifically targeting "deep fake" videos and altered images intended to deceive voters or influence election outcomes. The bill amends Section 255.004 of the Election Code, changing the heading to "FALSE IMAGES, VIDEOS, AND SOURCES OF COMMUNICATION." It establishes that creating or distributing a deep fake video with the intent to deceive is a Class A misdemeanor, while a new offense for creating or distributing an altered image with similar intent is classified as a Class B misdemeanor.

Additionally, the bill provides an affirmative defense for individuals charged under the altered image provision if they clearly label the image as altered. The definitions of "altered image" and "deep fake video" are also clarified, with "altered image" referring to manipulated images that misrepresent an individual's actions, excluding certain types of representations like cartoons or superficial edits. The law will apply only to offenses committed on or after its effective date of September 1, 2025, with prior offenses governed by the law in effect at the time of the offense.

Statutes affected:
Introduced: Election Code 255.004 (Election Code 255)