Gámez Bill Lets Deepfake Victims Sue The AI App Maker

The text as introduced · 901 words

89R549 CJD/MZM-F

By: Gámez
H.B. No. 1121

A BILL TO BE ENTITLED

AN ACT

relating to civil and criminal liability for the unlawful

disclosure or promotion of intimate visual material.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 98B.002, Civil Practice and Remedies

Code, is amended by amending Subsection (a) and adding Subsection

(c) to read as follows:

(a) A defendant is liable, as provided by this chapter, to a

person depicted in intimate visual material for damages arising

from the disclosure of the material if:

(1) the defendant discloses the intimate visual

material without the effective consent of the depicted person and

with the intent to harm that person;

(2) either:

(A) at the time of the disclosure, the defendant

knows or has reason to believe that the intimate visual material was

obtained by the defendant or created under circumstances in which

the depicted person had a reasonable expectation that the material

would remain private; or

(B) the intimate visual material was created,

adapted, or modified as described by Subsection (c);

(3) the disclosure of the intimate visual material

causes harm to the depicted person; and

(4) the disclosure of the intimate visual material

reveals the identity of the depicted person in any manner,

including through:

(A) any accompanying or subsequent information

or material related to the intimate visual material; or

(B) information or material provided by a third

party in response to the disclosure of the intimate visual

material.

(c) For purposes of conduct for which a defendant is liable

under Subsection (a) or (b), intimate visual material to which that

conduct applies includes a depiction of a person:

(1) who is recognizable as an actual person by the

person's face, likeness, or other distinguishing characteristic,

such as a unique birthmark or other recognizable feature; and

(2) whose image was used in creating, adapting, or

modifying the intimate visual material, including

computer-generated intimate visual material that was created,

adapted, or modified using an artificial intelligence application

or other computer software.

SECTION 2. Chapter 98B, Civil Practice and Remedies Code,

is amended by adding Section 98B.0021 to read as follows:

Sec. 98B.0021. LIABILITY FOR ASSISTANCE IN UNLAWFUL

DISCLOSURE OR PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. A

defendant is jointly and severally liable with any other defendant

to a person depicted in intimate visual material for damages

arising from the disclosure of the material if the material was

created, adapted, or modified as described by Section 98B.002(c)

using the defendant's artificial intelligence application or other

computer software if:

(1) the defendant failed to take reasonable

precautions against the creation, adaptation, or modification of

the material; and

(2) the material was created, adapted, or modified

without the consent of the person depicted.

SECTION 3. Section 21.16, Penal Code, is amended by

amending Subsection (b) and adding Subsection (d-1) to read as

follows:

(b) A person commits an offense if:

(1) without the effective consent of the depicted

person and with the intent to harm that person, the person discloses

visual material depicting another person with the person's intimate

parts exposed or engaged in sexual conduct;

(2) either:

(A) at the time of the disclosure, the person

knows or has reason to believe that the visual material was obtained

by the person or created under circumstances in which the depicted

person had a reasonable expectation that the visual material would

remain private; or

(B) the visual material was created, adapted, or

modified as described by Subsection (d-1);

(3) the disclosure of the visual material causes harm

to the depicted person; and

(4) the disclosure of the visual material reveals the

identity of the depicted person in any manner, including through:

(A) any accompanying or subsequent information

or material related to the visual material; or

(B) information or material provided by a third

party in response to the disclosure of the visual material.

(d-1) For purposes of conduct prohibited under Subsection

(b), (c), or (d), visual material to which that conduct applies

includes a depiction of a person:

(1) who is recognizable as an actual person by the

person's face, likeness, or other distinguishing characteristic,

such as a unique birthmark or other recognizable feature; and

(2) whose image was used in creating, adapting, or

modifying the visual material, including computer-generated visual

material that was created, adapted, or modified using an artificial

intelligence application or other computer software.

SECTION 4. (a) Chapter 98B, Civil Practice and Remedies

Code, as amended by this Act, applies only to a cause of action that

accrues on or after the effective date of this Act. A cause of

action that accrues before the effective date of this Act is

governed by the law applicable to the cause of action immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

(b) Section 21.16, Penal Code, as amended by this Act,

applies only to an offense committed on or after the effective date

of this Act. An offense committed before the effective date of this

Act is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this subsection, an offense was committed

before the effective date of this Act if any element of the offense

was committed before that date.

SECTION 5. This Act takes effect September 1, 2025.