Artificial Intelligence (AI) has now touched most aspects of our lives, including the ability to alter and edit existing digital images. In the right hands, these software programs and smartphone apps have valid uses, or are used for fun with the consent of everyone depicted.
But there is a darker side to AI, and that is deep fake pornography. Anyone with access to a computer or smartphone can take existing images and alter them to appear that the person depicted is engaging in sexual conduct.
In September 2023, the passage of Texas Senate Bill 1361 made it illegal to create deep fake pornography without the consent of the person or persons depicted.
Read on to learn more about deep fake pornography laws in Texas — including how the Texas Penal Code defines “pornography” and what to do if you’re accused of creating deep fake porn.
Deep Fake Pornography: What the Texas Penal Code says
Before taking a closer look at Texas laws, it’s important to note that any one individual’s opinion of what “pornography” is can differ from how Texas law actually defines it.
One deep fake pornography law in Texas is Section 21.165 Unlawful Production Or Distribution Of Certain Sexually Explicit Videos, which states:
“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 a deep fake video that appears to depict the person with the person’s intimate parts exposed or engaged in sexual conduct.”
Texas law defines “intimate parts” as “the naked genitals, pubic area, anus, buttocks, or female nipple of a person.”
And “sexual conduct” is defined as “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.”
Accused of deep fake pornography in Texas?
Allegations of creating or distributing deep fake porn can come out of nowhere and be downright ludicrous. However, you must take these accusations seriously. There are several steps you can take to help preserve your legal rights.
Don’t speak to law enforcement without an attorney present
Your attempts to explain a misunderstanding or offer up evidence in your defense can be twisted by the prosecution. By the time the police reach out to you, they’ve already started building their case against you.
Politely yet firmly invoke your right to remain silent. Then, contact an experienced pornography defense attorney.
Don’t consent to voluntary search and seizures
Law enforcement may ask to see your phone or “take a peek” at your computer. Unless they have a valid search warrant, it’s in your best interest to decline these requests.
Don’t wait to contact an attorney
Know that you can consult with an attorney at any time, even if you have the slightest inclination that you could be implicated in a deep fake pornography case. You do not have to wait until you are formally charged. Most criminal defense law firms offer free consultations.
Deep fake pornography defenses
Deep fake pornography cases can be complex and highly charged. Depending on the specifics of your case, one of the following defense strategies may be appropriate.
The accused did not create the deep fake pornography.
The person or persons depicted gave their consent.
The deep fake images do not meet the Texas Penal Code’s definition of “pornography.”
FAQs
Below are answers to some of the most frequently asked questions about deep fake pornography laws in Texas. This information is a general overview of the law and does not replace speaking to a criminal defense attorney about your specific case.
Is it illegal to create deep fake pornography?
That is a nuanced question that ultimately comes down to consent. Section 21.165 of the Texas Penal Code states that it is a crime to “knowingly” produce deep fake pornography “without the effective consent” of the person depicted.
When did Texas Senate Bill 1361 pass?
Texas S.B. 1361, pertaining to deep fake pornography videos, passed into law on September 1, 2023.
What is ‘deep fake’ in the Texas Penal Code?
Section 21.165 of the Texas Penal Code states: “ ‘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.”
Is porn illegal in Texas?
Whether pornography is illegal in Texas is not a straightforward “yes” or “no” question.
Under most circumstances, it is perfectly legal for adults to view pornography that was created and distributed with the consent of the persons depicted, so long as the depicted persons are adults.
Various laws come into play when there is a lack of consent and/or minors are involved.
Can you go to jail for deep fake pornography?
That depends on the outcome of your case. In Texas, it is a Class A misdemeanor to knowingly produce or distribute deep fake pornography without the depicted person’s consent.
The penalties for a Class A misdemeanor are a fine of up to $4,000 and a jail term of up to one year.
Deep Fake Pornograpy Defense Attorney in Plano, Texas
Attorney Kent Starr has been defending clients against pornography charges for decades, long before artificial intelligence was available to the general public. There are many Plano law firms that will take on deep fake pornography cases, but few have the trial experience of Mr. Starr.
It is a myth that when it comes to serious sex crime charges, the best possible outcome is a plea bargain. Many lawyers out there push plea bargains because they are intimidated by the prosecution, are pushing through an incredible amount of cases, or are just plain lazy.
Attorney Kent Starr of Starr Law, P.C., is an experienced and skilled criminal defense attorney. His determination and empathy are what set him apart.
Determination. Mr. Starr routinely handles cases for a year, two years, or more — long after other lawyers would automatically push for clients to accept a plea bargain.
The list of clients who give Attorney Starr a positive Google rating grows each month. Take a moment to read through these reviews. Again and again, you will see that he pursues and achieves positive outcomes for his clients, such as case dismissals, not guilty verdicts, reduced sentences, and probation instead of time behind bars.
Empathy. Most importantly, Attorney Starr knows that convictions for deep fake pornography and other sexual offenses are more than a piece of paper. The accused’s reputation and career, along with that of their loved ones, is at stake.
Attorney Kent Starr also has the added advantage of being a bail bonds attorney in Plano, Texas. One call can secure your freedom and start your legal representation.
Contact Starr Law, P.C. today at 214-982-1408.
References
Section 21.165. Unlawful Production Or Distribution Of Certain Sexually Explicit Videos
Texas Penal Code Chapter 12. Punishments
