Privacy Law Library

Unlawful Production or Distribution of Certain Sexually Explicit Media (deepfakes)

Texas Deepfake Law

Artificial intelligence · Other

Criminalizes creating or distributing AI-generated or altered sexual images or videos of real people without their written consent, and threatening to do so. Disclaimers are no defense; S.B. 441 (2025) added written-consent requirements and defenses for intermediaries and AI providers whose terms prohibit such content.

Where
Texas
Citation
Tex. Penal Code 21.165
Status
In force
In force since
2023-09-01
Last amended
2025-09-01
Enforced by
State prosecutors
People can sue
No
Penalties
Class A misdemeanor; third-degree felony for repeat offenses or depictions of minors; threats are a Class B or Class A misdemeanor (21.165(c), (c-1)).
Applies to
  • Any person who knowingly produces or electronically distributes, or threatens to distribute, sexually explicit deep fake media depicting a real person without written consent (21.165(b), (b-1))

Practices it requires

  • Do not produce or distribute sexually explicit deep fake media of a real person without a signed plain-language written consent describing the media.Tex. Penal Code 21.165(b), (b-2)

Other duties

  • Labels or disclaimers stating the media is not authentic are not a defense.Tex. Penal Code 21.165(c-2)
  • AI application providers have an affirmative defense if their user-acknowledged terms prohibit such content (and other conditions in the section are met).Tex. Penal Code 21.165(c-5)

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Unverified: The remaining conditions of the AI-provider defense in 21.165(c-5) were not read in full.

Research reference, not legal advice.