89R1413 CJD-F     By: González of El Paso H.B. No. 449       A BILL TO BE ENTITLED   AN ACT   relating to the unlawful production or distribution of sexually   explicit images using deep fake technology.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 21.165, Penal Code, is   amended to read as follows:          Sec. 21.165.  UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN   SEXUALLY EXPLICIT IMAGES OR VIDEOS.          SECTION 2.  Section 21.165(a), Penal Code, is amended by   amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)  "Deep fake image" means an image, created with the   intent to deceive, that appears to depict a real person performing   an action that did not occur in reality.                (1-a)  "Deep fake video" means a video, created with   the intent to deceive, that appears to depict a real person   performing an action that did not occur in reality.          SECTION 3.  Section 21.165(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if, without the effective   consent of the person appearing to be depicted, the person   knowingly produces or distributes by electronic means a deep fake   image or deep fake video that appears to depict the person with the   person's intimate parts exposed or engaged in sexual conduct.          SECTION 4.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 5.  This Act takes effect September 1, 2025.