With the rise of artificial intelligence tools have come darker applications of this technology. One such application involves replacing the face of a pornographic actor in a video with that of a non-consenting person, and Texas recently made doing so a crime.
So-called “deepfake” videos include any video “created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality,” according to Texas Penal Code Section 21.165, which lawmakers adopted in 2023.
Where such a video crosses the line into criminality depends on what is occurring in the video and whether or not the person depicted provided consent for their likeness to be used in such a manner. If the video depicts a non-consenting person appearing to engage in sexual conduct or displaying “intimate parts” of their body, then the person who created that video can be arrested whether or not they distributed it.
What Are the Penalties for Creating or Distributing Deepfake Porn?
Texas classified this offense as a Class A misdemeanor, which means that those convicted of creating or distributing deepfake pornography can face some of the toughest penalties for a misdemeanor offense.
In Texas, a person convicted of a Class A misdemeanor may be incarcerated in a county jail for up to one year. The court may also impose a fine of up to $4,000.
Is It Illegal to Create Deepfake Photos?
The law in Texas specifically mentions and refers to deepfake videos, but the technology used to create these can also create still photos. While these are not explicitly mentioned, it’s likely that the law would be interpreted to include any deepfake media depicting non-consenting individuals involved in sexual conduct or a display of intimate parts of the body.
How Can I Defend Against Criminal Charges?
The best way to prepare your defense against criminal charges related to deepfake videos is to consult with an experienced criminal defense attorney. Although the deepfake phenomena and the law forbidding it are relatively new, a criminal defense attorney experienced in sex and internet crimes can provide the legal support you need.
Our attorneys at Rodriguez & Gimbert P.L.L.C. are prepared to defend clients accused of such offenses. We believe that those charged with these crimes are innocent until proven guilty, and we can offer the legal advice and services you need to fight against your charges.
Learn more during an initial consultation. Contact us today to schedule yours.