Relating to the unlawful production or distribution of certain sexually explicit media and to the removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.

89(R) HB 3694 - Engrossed version - Bill Text

89R17334 JRR-D

By: Raymond, Rodríguez Ramos, Guillen

H.B. No. 3694

A BILL TO BE ENTITLED

AN ACT

relating to the unlawful production or distribution of certain

sexually explicit media and to the removal of certain intimate

visual depictions published on online platforms without the consent

of the person depicted; increasing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Exploitation

Protection Act.

SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is

amended by adding Chapter 121 to read as follows:

CHAPTER 121. UNAUTHORIZED INTIMATE VISUAL DEPICTIONS

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Covered platform":

(A)

means an Internet website, online service,

online application, or mobile application that:

(i)

is publicly accessible and primarily

provides a forum for user-generated content, including messages,

videos, images, games, and audio files; or

(ii)

is engaged in the business of

publishing, curating, hosting, or making available content of

intimate visual depictions; and

(B) does not include:

(i)

an Internet service provider as defined

by Section 324.055;

(ii) electronic mail; or

(iii)

an online service, application, or

website:

(a)

that consists primarily of

content that is not user generated but is preselected by the

provider; and

(b)

for which any chat, comments, or

interactive functionality is incidental to, directly related to, or

dependent on the provision described by Sub-subparagraph (a).

(2) "Identifiable individual" means an individual:

(A)

who appears in whole or in part in an intimate

visual depiction; and

(B)

whose face, likeness, or other

distinguishing characteristic is displayed in connection with the

intimate visual depiction.

(3)

"Intimate area" has the meaning assigned by

Section 21.15, Penal Code.

(4) "Intimate visual depiction" means a depiction of:

(A)

an identifiable individual engaged in sexual

conduct; or

(B)

an intimate area of an identifiable

individual.

(5)

"Sexual conduct" has the meaning assigned by

Section 21.16, Penal Code.

Sec.

121.002.

APPLICABILITY TO INTIMATE VISUAL DEPICTIONS

IN PUBLIC PLACE. This chapter applies to an intimate visual

depiction of an identifiable individual in a public place, as

defined by Section 1.07, Penal Code, only if the individual did not:

(1)

voluntarily display any intimate areas depicted;

or

(2)

consent to the sexual conduct that is the subject

of the depiction.

Sec.

121.003.

NOTICE AND REMOVAL OF UNAUTHORIZED INTIMATE

VISUAL DEPICTIONS. (a) A covered platform shall establish a

process by which an identifiable individual, or the individual's

authorized representative, may:

(1)

notify the covered platform of an intimate visual

depiction of the identifiable individual that was published without

the consent of the identifiable individual; and

(2)

submit a request for removal of the intimate

visual depiction.

(b)

A notification and request for removal under Subsection

(a) must be in writing and must also include:

(1)

an identification of, and information reasonably

sufficient for the covered platform to locate, the intimate visual

depiction of the identifiable individual;

(2)

a brief statement that the identifiable individual

has a good faith belief that the individual did not consent to the

publication of the intimate visual depiction; and

(3)

information sufficient to enable the covered

platform to contact the identifiable individual or the individual's

authorized representative.

(c)

A covered platform shall provide a clear and conspicuous

disclosure, on the platform, of the notice and removal process

established under Subsection (a).

The disclosure:

(1) must be in plain language;

(2)

must contain the responsibilities of the covered

platform under Subsection (d);

(3)

must provide the manner of submission of

notifications and requests for removal; and

(4)

may be provided through a clear and conspicuous

link to another web page.

(d)

On receiving a removal request in accordance with this

section from an identifiable individual, or the individual's

authorized representative, a covered platform shall, as soon as

practicable, but not later than 48 hours after receiving the

request:

(1) remove the intimate visual depiction; and

(2)

make reasonable efforts to identify and remove any

known identical copies of the intimate visual depiction.

Sec.

121.004.

DECEPTIVE TRADE PRACTICE. A violation of

this chapter is a deceptive trade practice under Subchapter E,

Chapter 17, and is actionable under that subchapter.

SECTION 3. 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
MEDIA
[
VIDEOS
].

SECTION 4. Section 21.165(a), Penal Code, is amended by

amending Subdivision (1) and adding Subdivision (3) to read as

follows:

(1) "Deep fake
media
[
video
]" means
a visual depiction

[
a video,
] created
or altered through
[
with
] the
use of software,

machine learning, artificial intelligence, or any other

computer-generated or technological means, including by adapting,

modifying, manipulating, or altering an authentic visual depiction

manually or through an automated process
[
intent to deceive
], that

appears
to a reasonable person
to depict a real person
,

indistinguishable from an authentic visual depiction of the real

person,
performing an action that did not occur in reality.

(3)

"Visual depiction" means a photograph, motion

picture film, videotape, digital image or video, or other visual

recording.

SECTION 5. Section 21.165, Penal Code, is amended by

amending Subsections (b) and (c) and adding Subsections (b-1),

(c-1), and (c-2) 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

media
[
video
] that appears to depict the person
:

(1)

with visible computer-generated intimate parts or

with the visible intimate parts of another human being as the

intimate parts of the person; or

(2)

engaging in sexual conduct in which the person did

not engage
[
with the person's intimate parts exposed or engaged in

sexual conduct
].

(b-1)

Consent required by Subsection (b) is valid only if

the person appearing to be depicted knowingly and voluntarily

signed a written agreement that was drafted in plain language. The

agreement must include:

(1) a general description of the deep fake media; and

(2)

if applicable, the audiovisual work into which the

deep fake media will be incorporated.

(c) An offense under this section is a Class A misdemeanor
,

except that the offense is a felony of the third degree if it is

shown on the trial of the offense that:

(1)

the person appearing to be depicted is younger

than 18 years of age; or

(2)

the actor has been previously convicted of an

offense under this section
.

(c-1)

It is not a defense to prosecution under this section

that the deep fake media:

(1)

contains a disclaimer stating that the media was

unauthorized or that the person appearing to be depicted did not

participate in the creation or development of the deep fake media;

or

(2)

indicates, through a label or otherwise, that the

depiction is not authentic.

(c-2)

It is an affirmative defense to prosecution under this

section that the production or distribution of the deep fake media

occurs in the course of:

(1)

lawful and common practices of law enforcement or

medical treatment;

(2) reporting unlawful activity; or

(3)

a legal proceeding, if the production or

distribution is permitted or required by law.

SECTION 6. The changes in law made by this Act to Section

21.165, Penal Code, apply 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 7. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Chapter 121, Business & Commerce Code, as added by this

Act, takes effect September 1, 2026.