Texas Nonconsensual Explicit Deepfakes Law (SB 441; Penal Code 21.165 + Civil Practice and Remedies Code Ch. 98B)

Properties

jurisdiction: US, Texas
level: state
domain: transparency
status: in-effect
scope: Establishes criminal and civil liability for the production or distribution of nonconsensual, artificially generated (deepfake) sexually explicit visual material.
obligations: Consent for producing or distributing such material must be evidenced by a plain-language written agreement describing the media and any associated audiovisual work. Provides an affirmative defence for AI developers who prohibit covered deepfakes in their terms of use and implement technical guardrails (training software to identify prohibited content, providing reporting tools, and filtering material from datasets or outputs).
effectiveDate: 2025-09-01
enactedDate: 2025-06-20
penalties: Criminal, from a Class A misdemeanor up to a third-degree felony; civil private right of action under CPRC Chapter 98B for damages.
appliesTo: Producers and distributors of nonconsensual explicit deepfakes; AI developers (who may assert the guardrail affirmative defence).
officialUrl: https://capitol.texas.gov/BillLookup/History.aspx?Bill=SB441&LegSess=89R
notes: Senate Bill 441, 89th Legislature (2025), signed by Governor Abbott June 20, 2025; effective September 1, 2025. Verified against the Texas Legislature Online primary source, July 2026. Distinct from the Texas TRAIGA (HB 149), tracked separately.

jurisdiction: US, Texas
level: state
domain: transparency
status: in-effect
scope: Establishes criminal and civil liability for the production or distribution of nonconsensual, artificially generated (deepfake) sexually explicit visual material.
obligations: Consent for producing or distributing such material must be evidenced by a plain-language written agreement describing the media and any associated audiovisual work. Provides an affirmative defence for AI developers who prohibit covered deepfakes in their terms of use and implement technical guardrails (training software to identify prohibited content, providing reporting tools, and filtering material from datasets or outputs).
effectiveDate: 2025-09-01
enactedDate: 2025-06-20
penalties: Criminal, from a Class A misdemeanor up to a third-degree felony; civil private right of action under CPRC Chapter 98B for damages.
appliesTo: Producers and distributors of nonconsensual explicit deepfakes; AI developers (who may assert the guardrail affirmative defence).
officialUrl: https://capitol.texas.gov/BillLookup/History.aspx?Bill=SB441&LegSess=89R
notes: Senate Bill 441, 89th Legislature (2025), signed by Governor Abbott June 20, 2025; effective September 1, 2025. Verified against the Texas Legislature Online primary source, July 2026. Distinct from the Texas TRAIGA (HB 149), tracked separately.