Darby Bill’s Deepfake Rules Also Reach Edited Real Photos

The text as introduced · 1,197 words

89R3387 CJD-F

By: Darby
H.B. No. 5517

A BILL TO BE ENTITLED

AN ACT

relating to sexually explicit artificially generated images and

videos.

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

SECTION 1. Subchapter D, Chapter 120, Business & Commerce

Code, is amended by adding Section 120.152 to read as follows:

Sec. 120.152. ACTION BY USER. (a) A user may bring an

action against a social media platform for appropriate equitable

relief to compel the platform to remove a sexually explicit

artificially generated image or video the posting of which

constitutes an offense under Section 21.165, Penal Code, and for

which the user submitted a good faith complaint under Section

120.102.

(b) A prevailing claimant in an action brought under

Subsection (a) may recover costs incurred in bringing the action,

including court costs and reasonable attorney's fees.

SECTION 2. 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 3. The heading to Section 21.165, Penal Code, is

amended to read as follows:

Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN

SEXUALLY EXPLICIT IMAGES OR VIDEOS.

SECTION 4. Section 21.165(a)(1), Penal Code, is amended to

read as follows:

(1) "Artificially generated image or [ "Deep fake ]

video" means an image or [ a ] video [ , created with the intent to

deceive, ] that includes a depiction of [ appears to depict ] a [ real ]

person :

(A) 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

(B) whose image was used in creating, adapting,

or modifying the image or video, including a computer-generated

image or video that was created, adapted, or modified using an

artificial intelligence application or other computer software

[ performing an action that did not occur in reality ].

SECTION 5. Section 21.165(b), Penal Code, is amended to

read as follows:

(b) A person commits an offense if, without the effective

consent of the person appearing to be depicted, the person

knowingly produces or distributes by electronic means an

artificially generated image or [ a deep fake ] video that appears to

depict the person with the person's intimate parts exposed or

engaged in sexual conduct.

SECTION 6. Section 43.26(i), Penal Code, is amended to read

as follows:

(i) For purposes of conduct prohibited under this section,

visual material to which that conduct applies includes :

(1) a depiction of a child:

(A) [ (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

(B) [ (2) ] whose image as a child younger than 18

years of age 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 ; or

(2) a depiction of a child, created using an

artificial intelligence application or other computer software,

that to a reasonable person is virtually indistinguishable from an

actual child younger than 18 years of age .

SECTION 7. Section 43.261(b-1), Penal Code, is amended to

read as follows:

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

(b), visual material to which that conduct applies includes :

(1) a depiction of a minor:

(A) [ (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

(B) [ (2) ] whose image as a minor 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 ; or

(2) a depiction of a minor, created using an

artificial intelligence application or other computer software,

that to a reasonable person is virtually indistinguishable from an

actual minor .

SECTION 8. Section 43.262(b-1), Penal Code, is amended to

read as follows:

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

(b), visual material to which that conduct applies includes :

(1) a depiction of a child:

(A) [ (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

(B) [ (2) ] whose image as a child younger than 18

years of age 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 ; or

(2) a depiction of a child, created using an

artificial intelligence application or other computer software,

that to a reasonable person is virtually indistinguishable from an

actual child younger than 18 years of age .

SECTION 9. Section 120.152, Business & Commerce Code, as

added by this Act, applies only to a cause of action that accrues on

or after the effective date of this Act.

SECTION 10. Sections 21.16, 21.165, 43.26, 43.261, and

43.262, Penal Code, as amended by this Act, apply 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

section, an offense was committed before the effective date of this

Act if any element of the offense occurred before that date.

SECTION 11. This Act takes effect September 1, 2025.