HB5517 - Relating to sexually explicit artificially generated images and videos.

  89R3387 CJD-F     By: Darby H.B. No. 5517       A BILL TO BE ENTITLED   AN ACT   relating to sexually explicit artificially generated images and   videos.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 120, Business & Commerce   Code, is amended by adding Section 120.152 to read as follows:           Sec.   120.152.     ACTION BY USER. (a) A user may bring an   action against a social media platform for appropriate equitable   relief to compel the platform to remove a sexually explicit   artificially generated image or video the posting of which   constitutes an offense under Section 21.165, Penal Code, and for   which the user submitted a good faith complaint under Section   120.102.           (b)     A prevailing claimant in an action brought under   Subsection (a) may recover costs incurred in bringing the action,   including court costs and reasonable attorney's fees.          SECTION 2.  Section 21.16, Penal Code, is amended by   amending Subsection (b) and adding Subsection (d-1) to read as   follows:          (b)  A person commits an offense if:                (1)  without the effective consent of the depicted   person and with the intent to harm that person, the person discloses   visual material depicting another person with the person's intimate   parts exposed or engaged in sexual conduct;                (2)   either:                       (A)   at the time of the disclosure, the person   knows or has reason to believe that the visual material was obtained   by the person or created under circumstances in which the depicted   person had a reasonable expectation that the visual material would   remain private; or                       (B)     the visual material was created, adapted, or   modified as described by Subsection (d-1);                (3)  the disclosure of the visual material causes harm   to the depicted person; and                (4)  the disclosure of the visual material reveals the   identity of the depicted person in any manner, including through:                      (A)  any accompanying or subsequent information   or material related to the visual material; or                      (B)  information or material provided by a third   party in response to the disclosure of the visual material.           (d-1)     For purposes of conduct prohibited under Subsection   (b), (c), or (d), visual material to which that conduct applies   includes a depiction of a person:                 (1)     who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                 (2)     whose image was used in creating, adapting, or   modifying the visual material, including computer-generated visual   material that was created, adapted, or modified using an artificial   intelligence application or other computer software.          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 IMAGES OR VIDEOS.          SECTION 4.  Section 21.165(a)(1), Penal Code, is amended to   read as follows:                (1)   "Artificially generated image or [ "Deep fake ]   video" means an image or [ a ] video [ , created with the intent to   deceive, ] that includes a depiction of [ appears to depict ] a [ real ]   person :                       (A)     who is recognizable as an actual person by   the person's face, likeness, or other distinguishing   characteristic, such as a unique birthmark or other recognizable   feature; and                       (B)     whose image was used in creating, adapting,   or modifying the image or video, including a computer-generated   image or video that was created, adapted, or modified using an   artificial intelligence application or other computer software   [ performing an action that did not occur in reality ].          SECTION 5.  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 an   artificially generated image or [ a deep fake ] video that appears to   depict the person with the person's intimate parts exposed or   engaged in sexual conduct.          SECTION 6.  Section 43.26(i), Penal Code, is amended to read   as follows:          (i)  For purposes of conduct prohibited under this section,   visual material to which that conduct applies includes :                 (1)   a depiction of a child:                       (A)  [ (1) ]  who is recognizable as an actual person   by the person's face, likeness, or other distinguishing   characteristic, such as a unique birthmark or other recognizable   feature; and                       (B)  [ (2) ]  whose image as a child younger than 18   years of age was used in creating, adapting, or modifying the visual   material, including computer-generated visual material that was   created, adapted, or modified using an artificial intelligence   application or other computer software ; or                 (2)     a depiction of a child, created using an   artificial intelligence application or other computer software,   that to a reasonable person is virtually indistinguishable from an   actual child younger than 18 years of age .          SECTION 7.  Section 43.261(b-1), Penal Code, is amended to   read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes :                 (1)   a depiction of a minor:                       (A)  [ (1) ]  who is recognizable as an actual person   by the person's face, likeness, or other distinguishing   characteristic, such as a unique birthmark or other recognizable   feature; and                       (B)  [ (2) ]  whose image as a minor was used in   creating, adapting, or modifying the visual material, including   computer-generated visual material that was created, adapted, or   modified  using an artificial intelligence application or other   computer software ; or                 (2)     a depiction of a minor, created using an   artificial intelligence application or other computer software,   that to a reasonable person is virtually indistinguishable from an   actual minor .          SECTION 8.  Section 43.262(b-1), Penal Code, is amended to   read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes :                 (1)   a depiction of a child:                       (A)  [ (1) ]  who is recognizable as an actual person   by the person's face, likeness, or other distinguishing   characteristic, such as a unique birthmark or other recognizable   feature; and                       (B)  [ (2) ]  whose image as a child younger than 18   years of age was used in creating, adapting, or modifying the visual   material, including computer-generated visual material that was   created, adapted, or modified using an artificial intelligence   application or other computer software ; or                 (2)     a depiction of a child, created using an   artificial intelligence application or other computer software,   that to a reasonable person is virtually indistinguishable from an   actual child younger than 18 years of age .          SECTION 9.  Section 120.152, Business & Commerce Code, as   added by this Act, applies only to a cause of action that accrues on   or after the effective date of this Act.          SECTION 10.  Sections 21.16, 21.165, 43.26, 43.261, and   43.262, Penal Code, as amended by this Act, 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 11.  This Act takes effect September 1, 2025.