Texas amends non-consensual sexual deepfake law to include images 

At the end of its 2025 legislative session in May, Texas passed House Bill 449 (HB 449), amending Section 21.165 of the Texas Penal Code to prohibit the production and distribution of all forms of non-consensual sexually explicit deepfakes. Previously, the code only banned “deepfake videos,” which then left a loophole to allow for deepfake images. Texas House Bill 449 closed this loophole in existing law, and its narrowly tailored language strengthens protections for victims of digital sexual exploitation while carefully avoiding overreach into constitutionally protected speech. 

HB 449 targets the malicious creation or distribution of sexually explicit deepfakes, which are digitally altered images or videos that superimpose a person’s likeness onto explicit content without their consent. Under the revised statute, offenders face criminal penalties if they knowingly produce or share material depicting a person with their “intimate parts exposed or engaged in sexual conduct,” mirroring the language of prior law. By maintaining this existing standard, HB 449 ensures continuity in enforcement and avoids subjective expansions of what constitutes illegal content. The bill specifically addresses the rise of AI-generated imagery, which has enabled bad actors to exploit victims with alarming ease, often causing severe emotional, reputational, and professional harm. 

Unlike broadly worded political deepfake laws that may infringe on free speech, bills that limit their scope to non-consensual sexual content expands on existing laws, such as those banning child sexual abuse material (CSAM) and revenge porn. Courts have historically granted less protection to sexually explicit material that lack consent and over 40 states have enacted laws to combat this problem. By focusing on harm rather than deepfake technology overall, the HB 449 avoids conflating malicious deepfakes with other AI-generated content more generally. 

The Texas law exemplifies how state legislatures can address emerging technologies without undermining civil liberties. By narrowly targeting harmful, non-consensual acts and preserving existing legal standards, the Texas bill provides a model for other states grappling with the ethical and legal challenges of deepfake exploitation. As AI tools become more accessible, laws like HB 449 will play a vital role in deterring abuse and protecting individuals from digital violations of privacy and dignity. Policymakers nationwide should take note: Proactive, precision-based legislation can combat technological harms without infringing on lawful expression.  

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