HB2795 - Relating to criminal offenses for creating and distributing certain misleading images and videos; creating a criminal offense.

      By: Talarico H.B. No. 2795       A BILL TO BE ENTITLED   AN ACT   relating to criminal offenses for creating and distributing certain   misleading images and videos; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 255.004, Election Code,   is amended to read as follows:          Sec. 255.004.   FALSE IMAGES, VIDEOS, AND SOURCES [ TRUE   SOURCE ] OF COMMUNICATION.          SECTION 2.  Section 255.004, Election Code, is amended by   amending Subsections (c), (d), and (e) and adding Subsections (d-1)   and (d-2) to read as follows:          (c)  An offense under Subsection (a), (b), or (d) [ this   section ] is a Class A misdemeanor. An offense under Subsection   (d-1) is a Class B misdemeanor.          (d)  A person commits an offense if the person, with the   intent to deceive and with the intent to injure a candidate or   influence the result of an election:                (1)  creates or causes to be created a deep fake video;   and                (2)   publishes, distributes, or causes [ the deep fake   video ] to be published or distributed the deep fake video [ within 30   days of an election ].           (d-1)     A person commits an offense if the person, with the   intent to deceive and influence the result of an election:                 (1)     creates or causes to be created an altered image;   and                 (2)     publishes, distributes, or causes to be published   or distributed the altered image.           (d-2)     It is an affirmative defense to prosecution for an   offense under Subsection (d-1) if the person includes on the image a   clear label stating that the image is altered.          (e)  In this section : [ , ]                 (1)     "Altered image" means an image that has been   manipulated to change the physical appearance of an individual or   depict an individual performing an action that did not occur.   The   term does not include:                       (A)     a cartoon, caricature, or any other image   that a reasonable viewer would understand to be a satirical   representation of the individual; or                       (B)     an image altered only to change the   saturation, brightness, contrast, color, or any other superficial   quality of the image.                 (2)  "Deep [ "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.  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 4.  This Act takes effect September 1, 2025.