Texas 2025 - 89th Regular

Texas House Bill HB3694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10017 JRR/BCH-D
2	2	By: Raymond H.B. No. 3694
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unlawful production or distribution of certain
10	10	sexually explicit media and to the removal of certain intimate
11	11	visual depictions published on online platforms without the consent
12	12	of the person depicted; increasing criminal penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. This Act may be cited as the Exploitation
15	15	Protection Act.
16	16	SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is
17	17	amended by adding Chapter 121 to read as follows:
18	18	CHAPTER 121. UNAUTHORIZED INTIMATE VISUAL DEPICTIONS
19	19	Sec. 121.001. DEFINITIONS. In this chapter:
20	20	(1) "Covered platform":
21	21	(A) means an Internet website, online service,
22	22	online application, or mobile application that:
23	23	(i) is publicly accessible and primarily
24	24	provides a forum for user-generated content, including messages,
25	25	videos, images, games, and audio files; or
26	26	(ii) is engaged in the business of
27	27	publishing, curating, hosting, or making available content of
28	28	intimate visual depictions; and
29	29	(B) does not include:
30	30	(i) an Internet service provider as defined
31	31	by Section 324.055;
32	32	(ii) electronic mail; or
33	33	(iii) an online service, application, or
34	34	website:
35	35	(a) that consists primarily of
36	36	content that is not user generated but is preselected by the
37	37	provider; and
38	38	(b) for which any chat, comments, or
39	39	interactive functionality is incidental to, directly related to, or
40	40	dependent on the provision described by Sub-subparagraph (a).
41	41	(2) "Identifiable individual" means an individual:
42	42	(A) who appears in whole or in part in an intimate
43	43	visual depiction; and
44	44	(B) whose face, likeness, or other
45	45	distinguishing characteristic is displayed in connection with the
46	46	intimate visual depiction.
47	47	(3) "Intimate area" has the meaning assigned by
48	48	Section 21.15, Penal Code.
49	49	(4) "Intimate visual depiction" means a depiction of:
50	50	(A) an identifiable individual engaged in sexual
51	51	conduct; or
52	52	(B) an intimate area of an identifiable
53	53	individual.
54	54	(5) "Sexual conduct" has the meaning assigned by
55	55	Section 21.16, Penal Code.
56	56	Sec. 121.002. APPLICABILITY TO INTIMATE VISUAL DEPICTIONS
57	57	IN PUBLIC PLACE. This chapter applies to an intimate visual
58	58	depiction of an identifiable individual in a public place, as
59	59	defined by Section 1.07, Penal Code, only if the individual did not:
60	60	(1) voluntarily display any intimate areas depicted;
61	61	or
62	62	(2) consent to the sexual conduct that is the subject
63	63	of the depiction.
64	64	Sec. 121.003. NOTICE AND REMOVAL OF UNAUTHORIZED INTIMATE
65	65	VISUAL DEPICTIONS. (a) A covered platform shall establish a
66	66	process by which an identifiable individual, or the individual's
67	67	authorized representative, may:
68	68	(1) notify the covered platform of an intimate visual
69	69	depiction of the identifiable individual that was published without
70	70	the consent of the identifiable individual; and
71	71	(2) submit a request for removal of the intimate
72	72	visual depiction.
73	73	(b) A notification and request for removal under Subsection
74	74	(a) must be in writing and must also include:
75	75	(1) an identification of, and information reasonably
76	76	sufficient for the covered platform to locate, the intimate visual
77	77	depiction of the identifiable individual;
78	78	(2) a brief statement that the identifiable individual
79	79	has a good faith belief that the individual did not consent to the
80	80	publication of the intimate visual depiction; and
81	81	(3) information sufficient to enable the covered
82	82	platform to contact the identifiable individual or the individual's
83	83	authorized representative.
84	84	(c) A covered platform shall provide a clear and conspicuous
85	85	disclosure, on the platform, of the notice and removal process
86	86	established under Subsection (a). The disclosure:
87	87	(1) must be in plain language;
88	88	(2) must contain the responsibilities of the covered
89	89	platform under Subsection (d);
90	90	(3) must provide the manner of submission of
91	91	notifications and requests for removal; and
92	92	(4) may be provided through a clear and conspicuous
93	93	link to another web page.
94	94	(d) On receiving a removal request in accordance with this
95	95	section from an identifiable individual, or the individual's
96	96	authorized representative, a covered platform shall, as soon as
97	97	practicable, but not later than 48 hours after receiving the
98	98	request:
99	99	(1) remove the intimate visual depiction; and
100	100	(2) make reasonable efforts to identify and remove any
101	101	known identical copies of the intimate visual depiction.
102	102	Sec. 121.004. DECEPTIVE TRADE PRACTICE. A violation of
103	103	this chapter is a deceptive trade practice under Subchapter E,
104	104	Chapter 17, and is actionable under that subchapter.
105	105	SECTION 3. The heading to Section 21.165, Penal Code, is
106	106	amended to read as follows:
107	107	Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN
108	108	SEXUALLY EXPLICIT MEDIA [VIDEOS].
109	109	SECTION 4. Section 21.165(a), Penal Code, is amended by
110	110	amending Subdivision (1) and adding Subdivision (3) to read as
111	111	follows:
112	112	(1) "Deep fake media [video]" means a visual depiction
113	113	[a video,] created or altered through [with] the use of software,
114	114	machine learning, artificial intelligence, or any other
115	115	computer-generated or technological means, including by adapting,
116	116	modifying, manipulating, or altering an authentic visual depiction
117	117	manually or through an automated process [intent to deceive], that
118	118	appears to a reasonable person to depict a real person,
119	119	indistinguishable from an authentic visual depiction of the real
120	120	person, performing an action that did not occur in reality.
121	121	(3) "Visual depiction" means a photograph, motion
122	122	picture film, videotape, digital image or video, or other visual
123	123	recording.
124	124	SECTION 5. Section 21.165, Penal Code, is amended by
125	125	amending Subsections (b) and (c) and adding Subsections (b-1),
126	126	(c-1), and (c-2) to read as follows:
127	127	(b) A person commits an offense if, without the effective
128	128	consent of the person appearing to be depicted, the person
129	129	knowingly produces or distributes by electronic means [a] deep fake
130	130	media [video] that appears to depict the person:
131	131	(1) with visible computer-generated intimate parts or
132	132	with the visible intimate parts of another human being as the
133	133	intimate parts of the person; or
134	134	(2) engaging in sexual conduct in which the person did
135	135	not engage [with the person's intimate parts exposed or engaged in
136	136	sexual conduct].
137	137	(b-1) Consent required by Subsection (b) is valid only if
138	138	the person appearing to be depicted knowingly and voluntarily
139	139	signed a written agreement that was drafted in plain language. The
140	140	agreement must include:
141	141	(1) a general description of the deep fake media; and
142	142	(2) if applicable, the audiovisual work into which the
143	143	deep fake media will be incorporated.
144	144	(c) An offense under this section is a state jail felony,
145	145	except that the offense is a felony of the third degree if it is
146	146	shown on the trial of the offense that:
147	147	(1) the person appearing to be depicted is younger
148	148	than 18 years of age; or
149	149	(2) the actor has been previously convicted of an
150	150	offense under this section [Class A misdemeanor].
151	151	(c-1) It is not a defense to prosecution under this section
152	152	that the deep fake media:
153	153	(1) contains a disclaimer stating that the media was
154	154	unauthorized or that the person appearing to be depicted did not
155	155	participate in the creation or development of the deep fake media;
156	156	or
157	157	(2) indicates, through a label or otherwise, that the
158	158	depiction is not authentic.
159	159	(c-2) It is an affirmative defense to prosecution under this
160	160	section that the production or distribution of the deep fake media
161	161	occurs in the course of:
162	162	(1) lawful and common practices of law enforcement or
163	163	medical treatment;
164	164	(2) reporting unlawful activity; or
165	165	(3) a legal proceeding, if the production or
166	166	distribution is permitted or required by law.
167	167	SECTION 6. The changes in law made by this Act to Section
168	168	21.165, Penal Code, apply only to an offense committed on or after
169	169	the effective date of this Act. An offense committed before the
170	170	effective date of this Act is governed by the law in effect on the
171	171	date the offense was committed, and the former law is continued in
172	172	effect for that purpose. For purposes of this section, an offense
173	173	was committed before the effective date of this Act if any element
174	174	of the offense occurred before that date.
175	175	SECTION 7. (a) Except as provided by Subsection (b) of this
176	176	section, this Act takes effect September 1, 2025.
177	177	(b) Chapter 121, Business & Commerce Code, as added by this
178	178	Act, takes effect September 1, 2026.