Texas SB 751 — Election Deepfake Criminal Statute (FIRST IN NATION)
TX · Tex. Elec. Code § 255.004 (as amended by SB 751, 86th Leg. R.S. 2019)
Texas SB 751 (signed June 14, 2019) was the first U.S. state law making it a crime to create or distribute election deepfakes. Criminalizes creating/publishing/distributing a deepfake video with intent to injure a candidate or influence an election within 30 days of an election; Class A misdemeanor (up to 1 year jail and $4,000 fine). Still in effect 2026.
Technical detail
Tex. Elec. Code § 255.004(d)-(e) (added by SB 751, 86th Leg., 2019) — criminalizes creating a 'deep fake video' (video using generative AI to depict a real person engaging in conduct that did not occur) with intent to (1) injure a candidate or (2) influence the result of an election, when published within 30 days of an election. Class A misdemeanor (up to 1 year jail + $4,000 fine). Applies only to state-level (not federal) races. Remains in effect as of June 2026; not yet directly subjected to a First Amendment challenge as of this writing.
Who is protected: Texas voters; candidates for state office
Who must comply: Creators and distributors of election deepfakes in Texas
Key facts
| Jurisdiction | TX |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2019-09-01 |
| Enacted | 2019-06-14 |
| Citation | Tex. Elec. Code § 255.004 (as amended by SB 751, 86th Leg. R.S. 2019) |
| Enforced by | Texas county and district attorneys |
| Private right of action | No — agency enforcement only |
| Penalties | Class A misdemeanor — up to 1 year jail and $4,000 fine |
| Topics | deepfakes · election deepfakes |
| Last verified | 2026-06-17 |
| Official source | SB 751 — Texas Legislature Online ↗ |
More AI rules in TX
- Texas v. Google · In effect
- Texas v. Allstate / Arity · In effect
- Texas v. Pieces Technologies · In effect
- Texas CUBI (2009) · In effect
- TX TRAIGA (HB 149) · In effect
- Texas v. Google ($1.375B) · In effect
Related deepfakes rules elsewhere
- TAKE IT DOWN Act · In effect
- TCPA (AI voice calls) · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- AB 2839 (Election Deepfakes) · Blocked / in litigation
- AB 602 (Deepfake Intimate Images) · In effect
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.