Relating to the unlawful production or distribution of certain sexually explicit media and to the removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.
What changed between versions
New Chapter 121 in Business & Commerce Code requires covered platforms to establish notice and removal processes for unauthorized intimate visual depictions, with a 48-hour removal deadline.
Valid consent for deep fake media requires a written agreement drafted in plain language that describes the media and any audiovisual work it will be incorporated into.
New definitions for 'covered platform,' 'identifiable individual,' 'intimate area,' 'intimate visual depiction,' and 'sexual conduct' are established.
The heading to Penal Code Section 21.165 is amended to explicitly address unlawful production or distribution of certain sexually explicit media, including deep fakes.
Violations of the new intimate visual depiction chapter are classified as deceptive trade practices actionable under existing consumer protection laws.
New criminal provisions make it an offense to produce or distribute deep fake media depicting real people in sexual situations without consent, with penalties ranging from Class A misdemeanor to third-degree felony.
New affirmative defenses are established for law enforcement, medical treatment, reporting unlawful activity, and legal proceedings.
The Act takes effect September 1, 2025, with the new Business & Commerce Code chapter taking effect September 1, 2026.
