Texas Nonconsensual Intimate Deepfakes (SB 441)

TXFor all AI companiesMediumseverityIn effect

In effect since

Overview

Criminalizes creating and distributing nonconsensual intimate deepfakes. Creates civil liability for victims. Platforms must take down reported content within 72 hours. Consent to create an image does not constitute consent to share it.

This is an AI-specific state law.

Texas AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Who this applies to

This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.

AI categories covered

  • Consumer-facing AI

Specific AI use cases:

  • Content generation

What this requires you to do

  • Prohibited practices

    Prohibited practices. Review this obligation in the source text.

  • Consumer notification required

    Notify consumers. Inform consumers about how AI affects decisions that impact them.

    Obligation explainer: Consumer notification

  • Record-keeping required

    Maintain records. Keep documentation of your AI systems, decisions made, and compliance activities.

    Obligation explainer: Record-keeping

Enforcement and penalties

Criminal: Class A misdemeanor (up to 1 year jail, $4,000 fine) for creation or distribution. Class B misdemeanor for threats. Elevated to felony if a minor is involved. Civil damages via private right of action.

This regulation includes a private right of action, which means individuals can file lawsuits directly. This significantly increases litigation risk.

Legislative history

How this law got here

  1. Latest

    effective

    Takes effect

  2. signed

    HB 449 (companion bill) vetoed at author request since SB 441 is more comprehensive

  3. signed

    Signed by Governor Abbott

    Earliest

Source

Read the full text

https://capitol.texas.gov/tlodocs/89R/analysis/html/SB00441I.htm

Last verified: April 9, 2026

Always verify current language and amendments at the official source.

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