| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to the prosecution and punishment of the offense of |
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| 9 | 12 | | unlawful production or distribution of certain sexually explicit |
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| 10 | 13 | | media; increasing a criminal penalty. |
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| 11 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 15 | | SECTION 1. The heading to Section 21.165, Penal Code, is |
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| 13 | 16 | | amended to read as follows: |
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| 14 | 17 | | Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN |
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| 15 | 18 | | SEXUALLY EXPLICIT MEDIA [VIDEOS]. |
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| 16 | 19 | | SECTION 2. Section 21.165(a), Penal Code, is amended by |
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| 17 | 20 | | amending Subdivision (1) and adding Subdivision (3) to read as |
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| 18 | 21 | | follows: |
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| 19 | 22 | | (1) "Deep fake media [video]" means a visual depiction |
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| 20 | 23 | | [a video,] created or altered through [with] the use of software, |
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| 21 | 24 | | machine learning, artificial intelligence, or any other |
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| 22 | 25 | | computer-generated or technological means, including by adapting, |
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| 23 | 26 | | modifying, manipulating, or altering an authentic visual depiction |
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| 24 | 27 | | manually or through an automated process [intent to deceive], that |
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| 25 | 28 | | appears to a reasonable person to depict a real person, |
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| 26 | 29 | | indistinguishable from an authentic visual depiction of the real |
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| 27 | 30 | | person, performing an action that did not occur in reality. |
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| 28 | 31 | | (3) "Visual depiction" means a photograph, motion |
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| 29 | 32 | | picture film, videotape, digital image or video, or other visual |
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| 30 | 33 | | recording. |
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| 31 | 34 | | SECTION 3. Section 21.165, Penal Code, is amended by |
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| 32 | 35 | | amending Subsections (b) and (c) and adding Subsections (b-1), |
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| 33 | 36 | | (c-1), and (c-2) to read as follows: |
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| 34 | 37 | | (b) A person commits an offense if, without the effective |
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| 35 | 38 | | consent of the person appearing to be depicted, the person |
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| 36 | 39 | | knowingly produces or distributes by electronic means [a] deep fake |
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| 37 | 40 | | media [video] that appears to depict the person: |
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| 38 | 41 | | (1) with visible computer-generated intimate parts or |
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| 39 | 42 | | with the visible intimate parts of another human being as the |
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| 40 | 43 | | intimate parts of the person; or |
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| 41 | 44 | | (2) engaging in sexual conduct in which the person did |
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| 42 | 45 | | not engage [with the person's intimate parts exposed or engaged in |
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| 43 | 46 | | sexual conduct]. |
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| 44 | 47 | | (b-1) Consent required by Subsection (b) is valid only if |
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| 45 | 48 | | the person appearing to be depicted knowingly and voluntarily |
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| 46 | 49 | | signed a written agreement that was drafted in plain language. The |
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| 47 | 50 | | agreement must include: |
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| 48 | 51 | | (1) a general description of the deep fake media; and |
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| 49 | 52 | | (2) if applicable, the audiovisual work into which the |
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| 50 | 53 | | deep fake media will be incorporated. |
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| 51 | 54 | | (c) An offense under this section is a Class A misdemeanor, |
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| 52 | 55 | | except that the offense is a felony of the third degree if it is |
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| 53 | 56 | | shown on the trial of the offense that the defendant has been |
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| 54 | 57 | | previously convicted of an offense under this section. |
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| 55 | 58 | | (c-1) It is not a defense to prosecution under this section |
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| 56 | 59 | | that the deep fake media: |
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| 57 | 60 | | (1) contains a disclaimer stating that the media was |
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| 58 | 61 | | unauthorized or that the person appearing to be depicted did not |
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| 59 | 62 | | participate in the creation or development of the deep fake media; |
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| 60 | 63 | | or |
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| 61 | 64 | | (2) indicates, through a label or otherwise, that the |
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| 62 | 65 | | depiction is not authentic. |
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| 63 | 66 | | (c-2) It is an affirmative defense to prosecution under this |
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| 64 | 67 | | section that the production or distribution of the deep fake media |
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| 65 | 68 | | occurs in the course of: |
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| 66 | 69 | | (1) lawful and common practices of law enforcement or |
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| 67 | 70 | | medical treatment; |
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| 68 | 71 | | (2) reporting unlawful activity; or |
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| 69 | 72 | | (3) a legal proceeding, if the production or |
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| 70 | 73 | | distribution is permitted or required by law. |
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| 71 | 74 | | SECTION 4. The changes in law made by this Act apply only to |
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| 72 | 75 | | an offense committed on or after the effective date of this Act. An |
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| 73 | 76 | | offense committed before the effective date of this Act is governed |
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| 74 | 77 | | by the law in effect on the date the offense was committed, and the |
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| 75 | 78 | | former law is continued in effect for that purpose. For purposes of |
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| 76 | 79 | | this section, an offense was committed before the effective date of |
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| 77 | 80 | | this Act if any element of the offense occurred before that date. |
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| 78 | 81 | | SECTION 5. This Act takes effect September 1, 2025. |
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