Texas 2025 - 89th Regular

Texas House Bill HB5517 Compare Versions

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

Old	New	Differences
1	1	89R3387 CJD-F
2	2	By: Darby H.B. No. 5517
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to sexually explicit artificially generated images and
10	10	videos.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 120, Business & Commerce
13	13	Code, is amended by adding Section 120.152 to read as follows:
14	14	Sec. 120.152. ACTION BY USER. (a) A user may bring an
15	15	action against a social media platform for appropriate equitable
16	16	relief to compel the platform to remove a sexually explicit
17	17	artificially generated image or video the posting of which
18	18	constitutes an offense under Section 21.165, Penal Code, and for
19	19	which the user submitted a good faith complaint under Section
20	20	120.102.
21	21	(b) A prevailing claimant in an action brought under
22	22	Subsection (a) may recover costs incurred in bringing the action,
23	23	including court costs and reasonable attorney's fees.
24	24	SECTION 2. Section 21.16, Penal Code, is amended by
25	25	amending Subsection (b) and adding Subsection (d-1) to read as
26	26	follows:
27	27	(b) A person commits an offense if:
28	28	(1) without the effective consent of the depicted
29	29	person and with the intent to harm that person, the person discloses
30	30	visual material depicting another person with the person's intimate
31	31	parts exposed or engaged in sexual conduct;
32	32	(2) either:
33	33	(A) at the time of the disclosure, the person
34	34	knows or has reason to believe that the visual material was obtained
35	35	by the person or created under circumstances in which the depicted
36	36	person had a reasonable expectation that the visual material would
37	37	remain private; or
38	38	(B) the visual material was created, adapted, or
39	39	modified as described by Subsection (d-1);
40	40	(3) the disclosure of the visual material causes harm
41	41	to the depicted person; and
42	42	(4) the disclosure of the visual material reveals the
43	43	identity of the depicted person in any manner, including through:
44	44	(A) any accompanying or subsequent information
45	45	or material related to the visual material; or
46	46	(B) information or material provided by a third
47	47	party in response to the disclosure of the visual material.
48	48	(d-1) For purposes of conduct prohibited under Subsection
49	49	(b), (c), or (d), visual material to which that conduct applies
50	50	includes a depiction of a person:
51	51	(1) who is recognizable as an actual person by the
52	52	person's face, likeness, or other distinguishing characteristic,
53	53	such as a unique birthmark or other recognizable feature; and
54	54	(2) whose image was used in creating, adapting, or
55	55	modifying the visual material, including computer-generated visual
56	56	material that was created, adapted, or modified using an artificial
57	57	intelligence application or other computer software.
58	58	SECTION 3. The heading to Section 21.165, Penal Code, is
59	59	amended to read as follows:
60	60	Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN
61	61	SEXUALLY EXPLICIT IMAGES OR VIDEOS.
62	62	SECTION 4. Section 21.165(a)(1), Penal Code, is amended to
63	63	read as follows:
64	64	(1) "Artificially generated image or ["Deep fake]
65	65	video" means an image or [a] video [, created with the intent to
66	66	deceive,] that includes a depiction of [appears to depict] a [real]
67	67	person:
68	68	(A) who is recognizable as an actual person by
69	69	the person's face, likeness, or other distinguishing
70	70	characteristic, such as a unique birthmark or other recognizable
71	71	feature; and
72	72	(B) whose image was used in creating, adapting,
73	73	or modifying the image or video, including a computer-generated
74	74	image or video that was created, adapted, or modified using an
75	75	artificial intelligence application or other computer software
76	76	[performing an action that did not occur in reality].
77	77	SECTION 5. Section 21.165(b), Penal Code, is amended to
78	78	read as follows:
79	79	(b) A person commits an offense if, without the effective
80	80	consent of the person appearing to be depicted, the person
81	81	knowingly produces or distributes by electronic means an
82	82	artificially generated image or [a deep fake] video that appears to
83	83	depict the person with the person's intimate parts exposed or
84	84	engaged in sexual conduct.
85	85	SECTION 6. Section 43.26(i), Penal Code, is amended to read
86	86	as follows:
87	87	(i) For purposes of conduct prohibited under this section,
88	88	visual material to which that conduct applies includes:
89	89	(1) a depiction of a child:
90	90	(A) [(1)] who is recognizable as an actual person
91	91	by the person's face, likeness, or other distinguishing
92	92	characteristic, such as a unique birthmark or other recognizable
93	93	feature; and
94	94	(B) [(2)] whose image as a child younger than 18
95	95	years of age was used in creating, adapting, or modifying the visual
96	96	material, including computer-generated visual material that was
97	97	created, adapted, or modified using an artificial intelligence
98	98	application or other computer software; or
99	99	(2) a depiction of a child, created using an
100	100	artificial intelligence application or other computer software,
101	101	that to a reasonable person is virtually indistinguishable from an
102	102	actual child younger than 18 years of age.
103	103	SECTION 7. Section 43.261(b-1), Penal Code, is amended to
104	104	read as follows:
105	105	(b-1) For purposes of conduct prohibited under Subsection
106	106	(b), visual material to which that conduct applies includes:
107	107	(1) a depiction of a minor:
108	108	(A) [(1)] who is recognizable as an actual person
109	109	by the person's face, likeness, or other distinguishing
110	110	characteristic, such as a unique birthmark or other recognizable
111	111	feature; and
112	112	(B) [(2)] whose image as a minor was used in
113	113	creating, adapting, or modifying the visual material, including
114	114	computer-generated visual material that was created, adapted, or
115	115	modified using an artificial intelligence application or other
116	116	computer software; or
117	117	(2) a depiction of a minor, created using an
118	118	artificial intelligence application or other computer software,
119	119	that to a reasonable person is virtually indistinguishable from an
120	120	actual minor.
121	121	SECTION 8. Section 43.262(b-1), Penal Code, is amended to
122	122	read as follows:
123	123	(b-1) For purposes of conduct prohibited under Subsection
124	124	(b), visual material to which that conduct applies includes:
125	125	(1) a depiction of a child:
126	126	(A) [(1)] who is recognizable as an actual person
127	127	by the person's face, likeness, or other distinguishing
128	128	characteristic, such as a unique birthmark or other recognizable
129	129	feature; and
130	130	(B) [(2)] whose image as a child younger than 18
131	131	years of age was used in creating, adapting, or modifying the visual
132	132	material, including computer-generated visual material that was
133	133	created, adapted, or modified using an artificial intelligence
134	134	application or other computer software; or
135	135	(2) a depiction of a child, created using an
136	136	artificial intelligence application or other computer software,
137	137	that to a reasonable person is virtually indistinguishable from an
138	138	actual child younger than 18 years of age.
139	139	SECTION 9. Section 120.152, Business & Commerce Code, as
140	140	added by this Act, applies only to a cause of action that accrues on
141	141	or after the effective date of this Act.
142	142	SECTION 10. Sections 21.16, 21.165, 43.26, 43.261, and
143	143	43.262, Penal Code, as amended by this Act, apply only to an offense
144	144	committed on or after the effective date of this Act. An offense
145	145	committed before the effective date of this Act is governed by the
146	146	law in effect on the date the offense was committed, and the former
147	147	law is continued in effect for that purpose. For purposes of this
148	148	section, an offense was committed before the effective date of this
149	149	Act if any element of the offense occurred before that date.
150	150	SECTION 11. This Act takes effect September 1, 2025.