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" and establishes that creating or distributing a deep fake video with the intent to deceive is a Class A misdemeanor. Additionally, a new offense is created under Subsection (d-1) for those who create or distribute altered images, which is classified as a Class B misdemeanor.

The bill also provides an affirmative defense for individuals charged under Subsection (d-1) if they clearly label the altered image as such. Definitions for "altered image" and "deep fake video" are included, clarifying what constitutes these terms. The law will apply only to offenses committed on or after its effective date of September 1, 2025, ensuring that any offenses occurring before this date will be governed by the previous law.

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