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Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media; increasing a criminal penalty.

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Texas S.B. 442 (by Hinojosa of Hidalgo, et al.) amends Section 21.165 of the Penal Code to broaden and strengthen the offense of unlawful production or distribution of certain sexually explicit media. The bill renames the offense from covering 'videos' to covering 'media' more broadly. It expands the definition of 'deep fake media' (previously 'deep fake video') to include any visual depiction—defined in new Subdivision (3) as photographs, motion picture films, videotapes, digital images, or other visual recordings—created or altered through software, machine learning, artificial intelligence, or other computer-generated or technological means, that appears indistinguishable from an authentic depiction of a real person performing an action that did not occur in reality. Under amended Subsection (b), a person commits an offense if, without the depicted person's effective consent, they knowingly produce or distribute deep fake media showing that person with visible intimate parts or engaging in sexual conduct they did not actually engage in. New Subsection (b-1) requires that valid consent be in a written agreement, drafted in plain language, signed knowingly and voluntarily, and describing the deep fake media and any audiovisual work it will be incorporated into. Amended Subsection (c) sets the base penalty at a Class A misdemeanor, elevated to a third-degree felony for repeat offenders. New Subsection (c-1) bars disclaimers or authenticity labels as a defense. New Subsection (c-2) provides affirmative defenses for law enforcement, medical treatment, reporting unlawful activity, or legal proceedings. The Act applies prospectively to offenses on or after its effective date of September 1, 2025 (Sections 4 and 5).

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