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Bill

HB 1092

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 Claudia Ordaz and 1 co-sponsor

Texas bill criminalizes creation and distribution of non-consensual deepfake pornography with enhanced criminal penalties for digital sexual abuse.

Referred directly to subcommittee by chair
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Bill Summary · HB 1092

Legislative bill overview

HB 1092 creates or enhances criminal penalties for creating and distributing non-consensual deepfake sexually explicit images or videos. The bill specifically targets the use of deep fake technology to produce intimate imagery without consent, treating it as a standalone crime with elevated penalties compared to existing related offenses.

Why is this important

Non-consensual intimate imagery—whether deepfaked or authentic—causes documented psychological harm to victims and has become increasingly accessible due to advancing AI technology. The bill addresses a growing gap in Texas law where deepfake sexual content may fall into legal gray areas or receive lighter penalties than warranted given the ease of production and potential for mass distribution.

Potential points of contention

  • Free speech vs. harm prevention: First Amendment advocates may argue the bill's scope could capture protected speech, while supporters counter that non-consensual intimate imagery isn't protected speech
  • Definitional clarity: "Deepfake" technology is evolving rapidly; the bill's legal definitions may become outdated or be interpreted inconsistently across cases
  • Penalty proportionality: Questions about whether enhanced criminal penalties are appropriate relative to other crimes, and whether incarceration is the most effective deterrent for a technology-driven offense

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

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