| 1 | 1 | | 89R3469 JBD-F |
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| 2 | 2 | | By: Shaheen H.B. No. 1092 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the unlawful production or distribution of sexually |
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| 10 | 10 | | explicit images or videos using deep fake technology; increasing a |
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| 11 | 11 | | criminal penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Section 21.165, Penal Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN |
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| 16 | 16 | | SEXUALLY EXPLICIT IMAGES OR VIDEOS. |
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| 17 | 17 | | SECTION 2. Section 21.165(a)(1), Penal Code, is amended to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (1) "Deep fake image or video" means an image or [a] |
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| 20 | 20 | | video, created with the intent to deceive, that appears to depict a |
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| 21 | 21 | | real person performing an action that did not occur in reality. |
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| 22 | 22 | | SECTION 3. Sections 21.165(b) and (c), Penal Code, are |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (b) A person commits an offense if, without the effective |
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| 25 | 25 | | consent of the person appearing to be depicted, the person |
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| 26 | 26 | | knowingly produces or distributes by electronic means a deep fake |
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| 27 | 27 | | image or video that appears to depict the person with the person's |
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| 28 | 28 | | intimate parts exposed or engaged in sexual conduct. |
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| 29 | 29 | | (c) An offense under this section is a Class A misdemeanor, |
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| 30 | 30 | | except that the offense is a state jail felony if any depiction of a |
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| 31 | 31 | | real child that was incorporated into the deep fake image or video |
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| 32 | 32 | | was created when the child was younger than 14 years of age. |
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| 33 | 33 | | SECTION 4. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 5. This Act takes effect September 1, 2025. |
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