Relating to the Unlawful Production or Distribution of Sexually Explicit Videos Using Deep Fake Technology; Creating a Criminal Offense (SB 1361)
Texas · Tex. Penal Code Sec. 21.165 (SB 1361, 88th Leg., R.S. (2023))
This law makes it a crime in Texas to create or share a deepfake video that falsely shows a real person with their intimate parts exposed or engaged in sexual conduct, when that person did not consent. It targets AI-generated or digitally fabricated sexual videos of identifiable people. A violation is a Class A misdemeanor.
Technical detail
SB 1361 (88th Leg., R.S.) adds Tex. Penal Code Sec. 21.165, criminalizing knowingly producing or distributing by electronic means a deep-fake video that appears to depict a person with intimate parts exposed or engaged in sexual conduct without that person's effective consent, classified as a Class A misdemeanor.
Who is protected: Identifiable individuals depicted without consent in deepfake sexual videos.
Who must comply: Any person who produces or distributes such material by electronic means.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2023-09-01 |
| Enacted | 2023-06-02 |
| Citation | Tex. Penal Code Sec. 21.165 (SB 1361, 88th Leg., R.S. (2023)) |
| Enforced by | Texas county and district attorneys; Texas law enforcement (criminal prosecution). |
| Private right of action | No — agency enforcement only |
| Penalties | Class A misdemeanor, generally punishable by up to one year in county jail and a fine of up to $4,000. |
| Topics | non-consensual intimate imagery · deepfakes · AI-generated images |
| Last verified | 2026-06-16 |
| Official source | Texas Legislature Online — SB 1361 (88R) Bill History ↗ |
More AI rules in Texas
- TRAIGA · In effect
- TDPSA · In effect
- TX HB 2700 — AI/Altered CSAM · In effect
- TX SB 1621 — AI CSAM Rewrite · In effect
- TX SB 20 — Obscene Material Depicting a Child · In effect
- TX HB 581 — AI Sexual Material Age Verification · In effect
Related non-consensual intimate imagery rules elsewhere
- TAKE IT DOWN Act · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- AB 602 (Deepfake Intimate Images) · In effect
- Michigan Intimate Deep Fakes Act · In effect
- Ohio AI Fabricated Sexual Images Law · In effect
- NJ Deceptive AI Deepfakes Act · In effect
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.