Financial Abuse Using Artificially Generated Media or Phishing: Texas Penal Code §32.56

The Texas Financial Abuse Using Artificially Generated Media or Phishing law gives police the right to arrest you if they believe you knowingly engaged in financial abuse by using deepfake content that you disseminated to someone or by deceiving or manipulating someone through email, electronic communication, or other digital means to obtain personal, financial, or identifying information.

This offense is codified in Penal Code Section 32.56 and takes effect September 1, 2025. It targets modern fraud schemes that rely on artificially generated media (often called “deepfakes”) and classic phishing tactics to obtain money or other property.

The statute cross-references the Penal Code’s definition of “financial abuse,” and it criminalizes two core pathways: (1) using artificially generated media disseminated to another person, and (2) deceiving or manipulating another person into providing personal, financial, or identifying information through digital communications. A safe-harbor shields interactive computer services, telecommunications services, and licensed broadcasters from liability for content provided by someone else.

Important: in 2025 the legislature carelessly created four different, unrelated offenses all numbered Section 32.56. As of September 1, 2025, there are four separate Section 32.56 statutes. Always confirm which Section 32.56 applies to your case.

The Penal Code classifies the Texas Financial Abuse Using Artificially Generated Media or Phishing law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Financial Abuse Using Artificially Generated Media or Phishing below.

What is the current Texas law about Financial Abuse Using Artificially Generated Media or Phishing?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Financial Abuse Using Artificially Generated Media or Phishing in Penal Code Section §32.56, as follows:^[1]

(b) A person commits an offense if the person knowingly engages in financial abuse:

(1) through the use of artificially generated media disseminated to another person; or

(2) by deceiving or manipulating another person into providing personal, financial, or identifying information through e-mail, electronic communication, or other digital means.

A person commits this offense by knowingly engaging in financial abuse in either of two ways: (1) using artificially generated media disseminated to another person, or (2) deceiving or manipulating another person into providing personal, financial, or identifying information through e-mail, electronic communication, or other digital means.^[2]

The statute incorporates definitions by cross-reference: “artificially generated media” has the meaning assigned by the Civil Practice and Remedies Code, and “financial abuse” has the meaning assigned by Section 32.55 of the Penal Code.^[3]

There is a safe harbor for intermediaries: for content provided by another person, providers of interactive computer services, telecommunications services, and FCC-licensed radio or television stations are not covered by this section.^[4]

This law takes effect September 1, 2025, and applies to conduct occurring on or after that date.^[5]

Important: in 2025 the legislature enacted four different offenses all numbered Section 32.56. Ensure you are reviewing the correct provision titled Financial Abuse Using Artificially Generated Media or Phishing.

What is the penalty for a Texas Financial Abuse Using Artificially Generated Media or Phishing offense?

Penalties depend on the value of the property taken, appropriated, obtained, retained, or used under this section.^[6]

• Class B misdemeanor if the value is less than $100.^[7]
• Class A misdemeanor if the value is $100 or more but less than $750.^[8]
• State jail felony if the value is $750 or more but less than $2,500.^[9]
• Felony of the third degree if the value is $2,500 or more but less than $30,000.^[10]
• Felony of the second degree if the value is $30,000 or more but less than $150,000.^[11]
• Felony of the first degree if the value is $150,000 or more.^[12]

How can I be charged with a Financial Abuse Using Artificially Generated Media or Phishing offense in Texas?

You can be charged with Financial Abuse Using Artificially Generated Media or Phishing in Texas if the state’s attorneys believe that each of the elements of §32.56(b), as described in the section above, have been met.

What is the statute of limitations for Financial Abuse Using Artificially Generated Media or Phishing in Texas?

Financial Abuse Using Artificially Generated Media or Phishing has a seven year limitations period under Texas law.^[13]

Can you get probation for Financial Abuse Using Artificially Generated Media or Phishing in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Financial Abuse Using Artificially Generated Media or Phishing, and judges are also allowed to accept deferred adjudication plea deals.^[14]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[15]

What level of crime is Financial Abuse Using Artificially Generated Media or Phishing in Texas?

The Penal Code classifies the punishment for Financial Abuse Using Artificially Generated Media or Phishing as a Class B misdemeanor up to a first degree felony, depending on the value involved.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §32.56. This law is current as of 2025.^2. Texas Penal Code §32.56(b)^3. Civil Practice and Remedies Code §100B.001; Texas Penal Code §32.55^4. Texas Penal Code §32.56(d)^5. SB 2373, 89th Legislature (RS), Section 2^6. Texas Penal Code §32.56(c)^7. Texas Penal Code §32.56(c)(1)^8. Texas Penal Code §32.56(c)(2)^9. Texas Penal Code §32.56(c)(3)^10. Texas Penal Code §32.56(c)(4)^11. Texas Penal Code §32.56(c)(5)^12. Texas Penal Code §32.56(c)(6)^13. See Code of Criminal Procedure §12.01(3)(A)^14. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^15. Art. 42A.054(b), Texas Code of Criminal Procedure