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Imagine seeing a video of yourself doing or saying something you never did. It looks like you, sounds like you, but it’s a complete fabrication. This is the reality of deepfakes—hyper-realistic AI-generated media that can destroy reputations, relationships, and careers in an instant.
If you have been targeted by non-consensual deepfake imagery, you are not helpless. Texas has some of the most robust laws in the country designed to protect victims and punish perpetrators.
Here is a breakdown of the criminal and civil legal remedies available to you.
Criminal Remedies: Holding the Perpetrator Accountable
Texas law treats the creation and distribution of malicious deepfakes as a serious crime, not just a prank.
The “Deepfake Pornography” Law (Texas Penal Code § 21.165)
Texas explicitly criminalizes the creation or distribution of a “deep fake video” or image that appears to depict a person with their intimate parts exposed or engaged in sexual conduct without their effective consent.
- The Offense: It is illegal to knowingly produce or distribute deepfake sexual content if the intent is to harm, harass, or deceive.
- The Penalty: This is generally a Class A Misdemeanor, punishable by up to 1 year in jail and a $4,000 fine.
- Enhancements: If the victim is a minor, or if the perpetrator has prior convictions, the charge can be upgraded to a Third-Degree Felony, carrying a prison sentence of 2 to 10 years.
Election Interference
If a deepfake is used to manipulate an election—for example, a fake video of a candidate created within 30 days of an election with the intent to injure their reputation—it is a Class A Misdemeanor under the Texas Election Code.
Civil Remedies: Suing for Damages and Justice
While criminal law punishes the offender, civil law empowers you to seek compensation for the harm you have suffered and force the removal of the content.
The “Deepfake Civil Liability” Statute (CPRC Chapter 98B)
Texas Civil Practice and Remedies Code Chapter 98B provides a powerful tool for victims. It allows you to sue individuals who disclose or promote “intimate visual material,” including “artificial intimate visual material” (deepfakes).
Under this law, you can sue for:
- Actual Damages: Compensation for mental anguish, reputational harm, and financial losses.
- Exemplary Damages: Punitive damages to punish the wrongdoer.
- Injunctive Relief: A court order requiring the offender (and potentially websites) to stop displaying the image.
- Attorney’s Fees: The defendant may be required to pay your legal costs.
Traditional Tort Claims
In addition to the specific deepfake statutes, experienced attorneys can often use traditional personal injury laws to build your case:
- Invasion of Privacy (Appropriation): Using your likeness for commercial gain or advantage without permission.
- Intentional Infliction of Emotional Distress (IIED): If the deepfake was created specifically to cause you severe mental suffering.
- Defamation: If the deepfake falsely portrays you in a way that damages your reputation.
Removing the Content: The TAKE IT DOWN Act
A major hurdle for victims has always been getting the content off the internet. A new federal law, the TAKE IT DOWN Act, works alongside Texas law to help you:
- 48-Hour Removal: Covered social media platforms are legally required to remove reported non-consensual intimate imagery within 48 hours of receiving a valid request.
- Federal Crime: It reinforces Texas state law by making the publication of such content a federal crime with prison sentences of up to 2 years.
What Should You Do?
If you discover a deepfake of yourself:
- Do Not Delete Evidence: Take screenshots, save URLs, and download the video files. You will need this proof for both police reports and civil lawsuits.
- Report It: File a report with your local police department citing Texas Penal Code § 21.165.
- Submit Takedown Requests: Use the reporting tools on the platform where the content is hosted, referencing the TAKE IT DOWN Act.
- Contact a Lawyer: Civil litigation is complex. An attorney can help you identify the perpetrator, file a lawsuit under CPRC Chapter 98B, and fight to restore your reputation.
At Edgett Law Firm, we understand that your reputation is your life. We are committed to using every legal tool available to fight back against digital exploitation. Call us at 972-424-0760 or go to edgettlawfirm.com/contact/
