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Bill

Bill

HB 387

Relating to the unlawful production or distribution of sexually explicit images or videos using deep fake technology; increasing a criminal penalty.

89th Legislature (2025) Introduced by Caroline Harris Davila and 5 co-sponsors

Texas bill criminalizes creating or sharing non-consensual deepfake sexual imagery and increases penalties for this form of digital abuse.

Referred directly to subcommittee by chair
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Bill Summary · HB 387

Legislative bill overview

HB 387 criminalizes the creation and distribution of deepfake sexually explicit images or videos in Texas and increases the criminal penalties for this offense. The bill targets non-consensual intimate imagery created using artificial intelligence technology, addressing a growing form of digital abuse.

Why is this important

Deepfake pornography causes significant psychological harm to victims and is used as a tool for harassment, blackmail, and reputation damage. As AI technology becomes more accessible, this type of image-based abuse is expanding rapidly, making legislative action timely. The bill provides legal recourse and deterrence in a technology area where existing laws may have gaps.

Potential points of contention

  • First Amendment concerns: Free speech advocates may argue the law could restrict protected expression or be too broad in defining prohibited content, especially regarding parody or satire
  • Definitional clarity: The bill's language defining "sexually explicit" deepfakes must be precise enough to avoid prosecuting legitimate uses of synthetic media (educational, artistic, or news contexts)
  • Enforcement challenges: Determining intent to distribute and identifying creators of anonymously-shared deepfakes presents practical investigation difficulties for law enforcement
  • Interstate/international complications: Digital content crosses borders easily, raising questions about jurisdiction and enforceability when perpetrators operate outside Texas

Compiled from official sources — confirm details with the bill’s official record.

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