SB 442 Texas Senate · 89th Legislature (2025)

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

SB 442 makes it a crime to create or share computer-generated videos (deepfakes) that falsely depict real people engaging in sexual acts they did not perform. It requires creators to obtain written consent in plain language from the person depicted, describing the content and how it will be used. Violations are now a Class A misdemeanor (up to a year in jail), or a third-degree felony for repeat offenses. The law directly affects individuals who produce or distribute such deepfakes without valid consent, targeting non-consensual sexual deepfakes specifically. It does not apply to content with disclaimers or labels indicating it is fictional.
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2024
Committee Review
May 2025
Senate Passage
Mar 2025
House Passage
Governor
Introduced Nov 21, 2024 Last action May 26, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 6 edits · Mar 12, 2025
MODERATE
This bill clarifies and updates Texas Penal Code Section 21.165 regarding unlawful deep fake media production. The changes refine definitions, strengthen consent requirements, and maintain existing penalties while adding specific conditions for valid consent agreements.
Scope change
The bill's scope remains focused on deep fake media involving real people, with no expansion or contraction of the underlying offense.
DEFINITION

Updated definition of 'deep fake media' to clarify it includes videos created or altered using software, machine learning, or AI that depicts real people performing actions that didn't occur in reality.

Added a new definition for 'visual depiction' to clarify it includes photographs, motion picture films, videotapes, digital images, or other visual recordings.

REQUIREMENT

Strengthened consent requirements by specifying that valid consent must be documented in a written agreement drafted in plain language, including a general description of the deep fake media and any audiovisual work it will be incorporated into.

ENFORCEMENT

Maintained existing penalty structure (Class A misdemeanor, third-degree felony for repeat offenders) while clarifying that disclaimers or authenticity labels do not serve as defenses to prosecution.

ELIGIBILITY

Preserved affirmative defenses for law enforcement, medical treatment, reporting unlawful activity, and legal proceedings where production or distribution is permitted or required by law.

TIMELINE

Confirmed the law takes effect on September 1, 2025, with retroactive application prohibited for offenses committed before that date.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
37
Key actions
11
Committee
13
May 23, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 22, 2025
Lower · Passed
Committee report distributed
lower
May 21, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
May 20, 2025
Lower · Passed
Left pending in committee
lower
May 20, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
May 20, 2025
Lower · Passed
Recalled from subcommittee
lower
May 1, 2025
Committee
Referred directly to subcommittee by chair
lower
Apr 22, 2025
Committee
Referred to Criminal Jurisprudence
lower
Apr 22, 2025
Introduced
Read first time
lower
Mar 13, 2025
Introduced
Received from the Senate
lower
Mar 12, 2025
Upper · Passed
Passed
upper
Mar 6, 2025
Upper · Passed
Committee report printed and distributed
upper
Mar 6, 2025
Upper · Passed
Reported favorably w/o amendments
upper
Mar 4, 2025
Upper · Passed
Vote taken in committee
upper
Mar 4, 2025
Upper · Passed
Testimony taken in committee
upper
Feb 3, 2025
Committee
Referred to Criminal Justice
upper
Feb 3, 2025
Introduced
Read first time
upper
2 primary · 1 co-sponsor

Sponsors