Texas House Bill HB1092

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the unlawful production or distribution of sexually explicit images or videos using deep fake technology; increasing a criminal penalty.

Impact

The bill amends Section 21.165 of the Penal Code, establishing that the unlawful production or distribution of deep fake images or videos without the effective consent of the individual depicted constitutes an offense. If passed, violations would carry a Class A misdemeanor penalty, escalating to a state jail felony if the deep fake involves a real child under 14. This escalated penalty aims to deter the use of deep fake technology in predatory and harmful ways, reinforcing the legal framework aimed at protecting vulnerable populations.

Summary

House Bill 1092 aims to address the growing concerns surrounding the production and distribution of sexually explicit images and videos created using deep fake technology. The bill specifically defines a 'deep fake image or video' as a manipulated media that is crafted with the intent to deceive the viewer about a person's actions. This legislative effort is significant in a state that seeks to enhance protections against emerging digital threats that exploit individuals, particularly in intimate contexts.

Contention

Though there is broad support for protecting individuals from non-consensual explicit content, the bill has implications for free speech and artistic expression. Opponents may raise concerns regarding the potential for overreach in regulating digital content, emphasizing the importance of distinguishing between malicious intent and legitimate creative works. Discussion in legislative forums may focus on the balance between safeguarding individuals and maintaining artistic freedoms in a rapidly evolving digital landscape. Moreover, the effective enforcement of such laws will require significant resources and training for law enforcement to appropriately identify and substantiate claims of deep fake misuse.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 21. Sexual Offenses
  • Section: 165