Hinojosa Bill Lets Victims Sue Nudification Apps And Payment Processors

The text as introduced · 971 words

89R1363 MZM-D

By: Hinojosa of Hidalgo
S.B. No. 441

A BILL TO BE ENTITLED

AN ACT

relating to civil liability for the production, solicitation,

disclosure, or promotion of artificial intimate visual material.

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

SECTION 1. The heading to Chapter 98B, Civil Practice and

Remedies Code, is amended to read as follows:

CHAPTER 98B. UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE , OR

PROMOTION OF INTIMATE VISUAL MATERIAL

SECTION 2. Section 98B.001, Civil Practice and Remedies

Code, is amended by amending Subdivision (1) and adding

Subdivisions (1-a), (3), and (4) to read as follows:

(1) "Artificial intimate visual material" means

computer-generated intimate visual material that was produced,

adapted, or modified using an artificial intelligence application

or other computer software in which the person is recognizable as an

actual person by a person's face, likeness, or other distinguishing

characteristic, such as a unique birthmark or other recognizable

feature.

(1-a) "Intimate parts," "promote," "sexual conduct,"

and "visual material" have the meanings assigned by Section 21.16,

Penal Code.

(3) "Nudification application" means an artificial

intelligence application that is primarily designed and marketed

for the purpose of producing artificial intimate visual material.

(4) "Social media platform" has the meaning assigned

by Section 120.001, Business & Commerce Code.

SECTION 3. Chapter 98B, Civil Practice and Remedies Code,

is amended by adding Sections 98B.0021, 98B.0022, 98B.008, and

98B.009 to read as follows:

Sec. 98B.0021. LIABILITY FOR UNLAWFUL PRODUCTION,

SOLICITATION, DISCLOSURE, OR PROMOTION OF CERTAIN ARTIFICIAL

INTIMATE VISUAL MATERIAL. A defendant is liable, as provided by

this chapter, to a person depicted in artificial intimate visual

material for damages arising from the production, solicitation,

disclosure, or promotion of the material if:

(1) the defendant produces, solicits, discloses, or

promotes the artificial intimate visual material without the

effective consent of the depicted person and with the intent to harm

that person;

(2) the production, solicitation, disclosure, or

promotion of the artificial intimate visual material causes harm to

the depicted person; and

(3) the production, solicitation, disclosure, or

promotion of the artificial 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 artificial intimate visual material; or

(B) information or material provided by a third

party in response to the disclosure of the artificial intimate

visual material.

Sec. 98B.0022. LIABILITY OF OWNERS OF INTERNET WEBSITES AND

ARTIFICIAL INTELLIGENCE APPLICATIONS AND PAYMENT PROCESSORS. (a) A

person who owns an Internet website, including a social media

platform, on which artificial intimate visual material is produced

or disclosed in exchange for payment or a publicly accessible

nudification application from which the material is produced, and

any person who processes or facilitates payment for the production

or disclosure of the material through the website or application,

is liable, as provided by this chapter, to a person depicted in the

material for damages arising from the production or disclosure of

the material if the person knows or recklessly disregards that the

depicted person did not consent to the production or disclosure of

the material.

(b) A person who owns an Internet website, including a

social media platform, on which artificial intimate visual material

is disclosed is liable, as provided by this chapter, to the person

depicted in the material for damages arising from the disclosure of

the material if the person depicted requests the website to remove

the material and the website fails to do so within 72 hours after

the request is made.

Sec. 98B.008. CONFIDENTIAL IDENTITY IN CERTAIN

ACTIONS. (a) In this section, "confidential identity" means:

(1) the use of a pseudonym; and

(2) the absence of any other identifying information,

including address, telephone number, and social security number.

(b) Except as otherwise provided by this section, in a suit

brought under this chapter, the court shall:

(1) make it known to the claimant as early as possible

in the proceedings of the suit that the claimant may use a

confidential identity in relation to the suit;

(2) allow a claimant to use a confidential identity in

all petitions, filings, and other documents presented to the court;

(3) use the confidential identity in all of the court's

proceedings and records relating to the suit, including any

appellate proceedings; and

(4) maintain the records relating to the suit in a

manner that protects the confidentiality of the claimant.

(c) In a suit brought under this chapter, only the following

persons are entitled to know the true identifying information about

the claimant:

(1) the judge;

(2) a party to the suit;

(3) the attorney representing a party to the suit; and

(4) a person authorized by a written order of a court

specific to that person.

(d) The court shall order that a person entitled to know the

true identifying information under Subsection (c) may not divulge

that information to anyone without a written order of the court. A

court shall hold a person who violates the order in contempt.

(e) Notwithstanding Section 22.004, Government Code, the

supreme court may not amend or adopt rules in conflict with this

section.

(f) A claimant is not required to use a confidential

identity as provided by this section.

Sec. 98B.009. STATUTE OF LIMITATIONS. A person must bring

suit under this chapter not later than 10 years after the later of

the date on which:

(1) the person depicted in the intimate visual

material that is the basis for the suit reasonably discovers the

intimate visual material; or

(2) the person depicted in the intimate visual

material that is the basis for the suit turns 18 years of age.

SECTION 4. The change in law made by this Act applies only

to a cause of action that accrues on or after the effective date of

this Act.

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