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Texas HB 449: Criminalizing Deepfake Sexually Explicit Media

HB 449 would have made it a criminal offense in Texas to produce or distribute sexually explicit media created using deep fake technology — AI or digital tools that superimpose a person's likeness onto explicit content without their consent. The bill passed the legislature but was vetoed by the Governor on June 22, 2025.

✓ REASONS TO SUPPORT

  • People whose likenesses are used in fake explicit content without their permission would have a clear legal remedy under state law.
  • Criminalizing the creation and sharing of this content could deter bad actors from using AI tools to harass or humiliate others.
  • Victims — who are disproportionately women — would have stronger protections against a growing form of digital abuse.
  • Texas would join other states that have already enacted similar laws, creating more consistent legal standards across the country.

✕ REASONS TO OPPOSE

  • The Governor's veto suggests concerns about the bill's scope, which could raise questions about how broadly 'deep fake' technology and 'production' are defined.
  • Overly broad criminal statutes in this area could create legal uncertainty for researchers, journalists, or satirists working with AI-generated imagery.
  • Critics may argue that existing harassment, defamation, or revenge-porn laws already address some of these harms and that new overlapping laws risk unintended consequences.
  • Criminal penalties may be difficult to enforce when content is created or distributed anonymously or from outside Texas.

Read the full bill ↗

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