The bill, titled the Exploitation Protection Act, aims to address the unlawful production and distribution of certain sexually explicit media, particularly focusing on unauthorized intimate visual depictions shared online without consent. It introduces Chapter 121 to the Business & Commerce Code, which defines key terms such as "covered platform," "identifiable individual," and "intimate visual depiction." The chapter mandates that covered platforms establish a process for individuals to report and request the removal of unauthorized intimate visual depictions, ensuring that such requests are handled within 48 hours. Additionally, the bill amends the Penal Code to increase penalties for the unlawful production or distribution of deep fake media, particularly when it involves identifiable individuals without their consent.

Key amendments include the redefinition of "deep fake media" to encompass a broader range of visual depictions and the introduction of stricter consent requirements for the use of such media. The bill specifies that consent must be documented in a written agreement that clearly describes the media involved. It also establishes that violations of this chapter constitute a deceptive trade practice, allowing for legal action under existing trade laws. The changes in law will take effect on September 1, 2025, with the provisions related to Chapter 121 becoming effective a year later, on September 1, 2026.

Statutes affected:
Introduced: Penal Code 21.165 (Penal Code 21)
House Committee Report: Penal Code 21.165 (Penal Code 21)
Engrossed: Penal Code 21.165 (Penal Code 21)