Unlawful Production Or Distribution Of Certain Sexually Explicit Media (The Deep Fake Porn Law)

The Texas Unlawful Production or Distribution of Certain Sexually Explicit Media law, also known as the Texas Deepfake Porn Law, makes it a crime to knowingly produce or distribute deep fake media that appears to depict a person with computer-generated intimate parts or engaging in sexual conduct the person did not actually engage in, without that person’s effective consent. It also criminalizes threats to produce or distribute such media.

With the rapid expansion of artificial intelligence, the pornography industry has proven once again to be an early adapter. The Texas legislature decided to take action by creating this new law in 2023. The law was codified at Texas Penal Code Section 21.165 and went into effect on September 1, 2023. The law was substantially amended in 2025, and among other changes, the name was changed from Unlawful Production or Distribution of Certain Sexually Explicit Videos to Unlawful Production or Distribution of Certain Sexually Explicit Media.

Utilizing artificial intelligence to create “deep fake” pornography has become already almost ubiquitous. Deep fakes are videos and images that are digitally created and altered to look like a real person. This has understandably caused some consternation among people who don’t want to appear in porn videos.

This law is one of only two deepfake media laws regulating the use of artificial intelligence in Texas as of 2025. The other offense dealing with deep fake videos is True Source of Communication.

The Penal Code classifies the Texas Unlawful Deepfake Porn Production & Distribution law under Title 5 “Offenses Against the Person,” Chapter 21 “Sexual Offenses.” Learn more about the Texas offense of Unlawful Production Or Distribution Of Certain Sexually Explicit Media below.

What is the current Texas law about Unlawful Production Or Distribution Of Certain Sexually Explicit Media?

Texas law currently defines the offense of Unlawful Production Or Distribution Of Certain Sexually Explicit Media in Penal Code Section §21.165 as follows:^[1]

(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 deep fake media 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.

(b-1) A person commits an offense if the person intentionally threatens to produce or distribute deep fake media with the intent to coerce, extort, harass, or intimidate another person.

(b-2) 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.

The law described above only appllies to offenses for which any element occurs on or after September 1, 2025; earlier conduct remains governed by prior law.^[2] The offense was created in 2023 and took effect September 1, 2023.^[3]

Effective September 1, 2025, subsection (b) was revised to replace “deep fake video” with “deep fake media” and to broaden the prohibited depictions to include visible computer-generated intimate parts or the visible intimate parts of another person mapped onto the depicted person, as well as sexual conduct in which the depicted person did not engage.^[4]

In the 2023 version of the law, deep fake videos were defined in the statute as “a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.”^[5] The current version of the statute defines “deep fake media” as a visual depiction created or altered by technological means that appears to a reasonable person to depict a real person, indistinguishable from an authentic depiction, performing an action that did not occur in reality; “visual depiction” includes photographs, films, videos, digital images or videos, and other visual recordings.^[6]

Subsection (b-1) was added in 2025 and creates a separate offense for intentionally threatening to produce or distribute deep fake media with the intent to coerce, extort, harass, or intimidate another person.^[7]

Subsection (b-2) was also added in 2025 and makes “consent” under subsection (b) valid only if the depicted person knowingly and voluntarily signed a plain-language written agreement describing the deep fake and, if applicable, the audiovisual work into which it will be incorporated.^[8]

What is the penalty for a Texas Unlawful Deepfake Porn Production & Distribution offense?

Current penalties, effective for conduct on or after September 1, 2025

Producing or distributing deep fake media under subsection (b) is generally a Class A misdemeanor.^[9] The offense is a felony of the third degree if the actor has a prior conviction under §21.165 or if the depicted person is younger than 18.^[10] Threats to produce or distribute deep fake media under subsection (b-1) are a Class B misdemeanor.^[11] A threat offense under subsection (b-1) is enhanced to a Class A misdemeanor if the actor has a prior §21.165 conviction or if the threat concerns a person younger than 18.^[12] Courts must order restitution to the victim for any psychological, financial, or reputational harm resulting from the offense.^[13]

Penalties effective for conduct prior to September 1, 2025

Prior to the 2025 law taking effect, the offense was classified as a Class A misdemeanor.^[14]

What are deepfakes?

The term “deepfake” is a portmanteau combining “deep learning” and “fake.” In usage today, it commonly refers to videos generated using machine-learning techniques or artificial intelligence that combine existing images and videos in a way that produces very realistic-looking videos of events that were never actually recorded. This means that deepfakes can depict people “saying” things they have not said or doing things they did not do.

Is it illegal to make a deepfake in Texas?

There are two laws governing deepfake videos in Texas as of 2023. One is the topic of this page, the other is called True Source of Communication, and that one prohibits deepfakes from use in the political arena. The True Source of Communications law was passed in 2019.

How can you spot a Deepfake?

It is getting increasingly difficult to spot a deepfake video, but some red flags include: strange blinking patterns (or no blinking), uneven skin tones, lip movements that don’t match words, and inconsistency in details such as hair, clothes or jewelry.

What changed in 2025?

Effective September 1, 2025, the Legislature substantially expanded and refined the Unlawful Production or Distribution of Certain Sexually Explicit Media statute.

• Title updated; scope clarified. The heading changed from “videos” to “media,” and a new definition of “visual depiction” makes clear that photos, films, digital images, videos, and other recordings are covered.^[15]
• Definition expanded. “Deep fake media” no longer requires proof of an “intent to deceive” and now covers any AI- or computer-generated alteration that appears indistinguishable from reality.^[16]
• New threat offense. It is now a crime to intentionally threaten to produce or distribute deep fake media with intent to coerce, extort, harass, or intimidate; this is a Class B misdemeanor, enhanced to Class A with a prior §21.165 conviction or if the threat concerns a person younger than 18.^[17]
• Written consent requirement. Any “consent” for production or distribution under subsection (b) is valid only if the depicted person signed a plain-language written agreement describing the deep fake and, if applicable, the work it will be incorporated into.^[18]
• Disclaimers are not a defense. Labels or statements that the media was unauthorized or “not authentic” do not defeat liability.^[19]
• Affirmative defenses expanded. New defenses exist for intermediaries acting only in a technical/automatic role and for AI providers that prohibit this content in their terms and take specified mitigation steps; the statute also clarifies defenses for law enforcement, reporting unlawful activity, and legal proceedings.^[20]
• Penalties expanded. Producing or distributing deep fake media under subsection (b) remains a Class A misdemeanor, but is a third-degree felony with a prior §21.165 conviction or if the depicted person is younger than 18; threat offenses under subsection (b-1) are Class B, enhanced to Class A as noted above.^[21]
• Mandatory restitution. On conviction, courts must order restitution for psychological, financial, or reputational harm to the victim.^[22]
• Effective date & applicability. These amendments apply only to offenses for which any element occurs on or after September 1, 2025; earlier conduct remains governed by prior law.^[23]

How can I be charged with an Unlawful Deepfake Porn Production & Distribution offense in Texas?

You can be charged with Unlawful Production Or Distribution Of Certain Sexually Explicit Media in Texas if the state’s attorneys believe that each of the elements of §21.165(b), (b-1), or (b-2) as described in the section above have been met.

What is the statute of limitations for Unlawful Deepfake Porn Production & Distribution in Texas?

Misdemeanor level Unlawful Deepfake Porn Production & Distribution charges have a two-year limitations period.^[24] Felony level offenses have a three-year limitations period.^[25]

Can you get probation for Unlawful Deepfake Porn Production & Distribution in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unlawful Deepfake Porn Production & Distribution, and judges are also allowed to accept deferred adjudication plea deals.^[26]

Do I have to register as a sex offender in Texas if guilty of Unlawful Deepfake Porn Production & Distribution?

The Unlawful Deepfake Porn Production & Distribution offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[27]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Unlawful Deepfake Porn Production & Distribution would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were found guilty.

What level of crime is Unlawful Deepfake Porn Production & Distribution in Texas?

Depending on the conduct and circumstances, the offense level for Unlawful Deepfake Porn Production & Distribution ranges from a Class B misdemeanor (threats) to a Class A misdemeanor (production/distribution), with an enhancement to a third-degree felony for certain §21.165(b) cases involving a prior conviction or a depicted person younger than 18.

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

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Legal References:

^1. Texas Penal Code §21.165. This law is current as of 2025.^2. SB 441, 89th Legislature (RS), Sections 8–9^3. SB 1361, 88th Legislature (RS), Sections 1–2^4. Texas Penal Code §21.165(b), as amended by SB 441, 89th Legislature (RS), Section 3^5. See SB 1263, 88th Texas Legislature (RS), Section 1^6. Texas Penal Code §21.165(a)(1), (a)(3), as amended by SB 441, 89th Legislature (RS), Sections 2–3^7. Texas Penal Code §21.165(b-1), as amended by SB 441, 89th Legislature (RS), Section 3^8. Texas Penal Code §21.165(b-2), as amended by SB 441, 89th Legislature (RS), Section 3^9. Texas Penal Code §21.165(c), as amended by SB 441, 89th Legislature (RS), Section 3^10. Texas Penal Code §21.165(c), as amended by SB 441, 89th Legislature (RS), Section 3^11. Texas Penal Code §21.165(c-1), as amended by SB 441, 89th Legislature (RS), Section 3^12. Texas Penal Code §21.165(c-1), as amended by SB 441, 89th Legislature (RS), Section 3^13. Texas Penal Code §21.165(e), as amended by SB 441, 89th Legislature (RS), Section 3^14. See SB 1361, 88th Legislature (RS), Sections 1–2^15. Texas Penal Code §21.165, as amended by SB 441, 89th Legislature (RS), Section 1; Texas Penal Code §21.165(a)(3), as amended by SB 441, 89th Legislature (RS), Section 2^16. Texas Penal Code §21.165(a)(1), as amended by SB 441, 89th Legislature (RS), Section 2^17. Texas Penal Code §21.165(b-1), (c-1), as amended by SB 441, 89th Legislature (RS), Section 3^18. Texas Penal Code §21.165(b-2), as amended by SB 441, 89th Legislature (RS), Section 3^19. Texas Penal Code §21.165(c-2), as amended by SB 441, 89th Legislature (RS), Section 3^20. Texas Penal Code §21.165(c-3), (c-4), (c-5), as amended by SB 441, 89th Legislature (RS), Section 3^21. Texas Penal Code §21.165(c), (c-1), as amended by SB 441, 89th Legislature (RS), Section 3^22. Texas Penal Code §21.165(e), as amended by SB 441, 89th Legislature (RS), Section 3^23. SB 441, 89th Legislature (RS), Sections 8–9^24. Code of Criminal Procedure 12.02(a)^25. See Code of Criminal Procedure 12.01(9)^26. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^27. Code of Criminal Procedure, Article 62.001