AI law comparison · Data verified 2026-08-23
California AB 2655 (Election Deepfakes) vs Texas SB 441 (AI Deepfakes)
California AB 2655 (Election Deepfakes) and Texas SB 441 (AI Deepfakes) are two of the 169 AI and data regulations Aegis Firma tracks. They have different scopes, effective dates, and penalties — and many businesses fall under both. Here is the side-by-side, drawn directly from the regulatory registry.
Find which laws apply to my businessSide by side
Summary of publicly available regulatory text. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
The key difference
California AB 2655 (Election Deepfakes) takes effect first, so it is usually the more urgent of the two. California AB 2655 (Election Deepfakes) tracks 3 compliance requirements and Texas SB 441 (AI Deepfakes) tracks 3. They are not interchangeable — meeting one does not discharge the other. The practical question is not which law is “stricter,” but which of them — or both — actually applies to your business.
California AB 2655 — Defending Democracy from Deepfake Deception Act
HISTORICAL / NOT CURRENTLY ENFORCEABLE — California AB 2655 (Defending Democracy from Deepfake Deception Act of 2024) was struck down in its entirety on 20 August 2025 (Kohls v. Bonta, E.D. Cal.) as preempted by Section 230 of the Communications Decency Act; California has agreed not to enforce it, and a Ninth Circuit appeal is pending as of June 2026. The following describes the law AS ENACTED, for historical/contin…
Full California AB 2655 (Election Deepfakes) requirementsTexas SB 441 — AI Nonconsensual Intimate Visual Materials
Texas SB 441 (signed June 20, 2025, effective September 1, 2025) makes knowingly producing or distributing nonconsensual intimate "deep fake media" a crime (amended Penal Code § 21.165(b)) and separately criminalizes THREATENING to produce or distribute such media to coerce, extort, harass, or intimidate someone (§ 21.165(b-1), a Class B misdemeanor even if no deepfake is ever made), and creates civil liability to th…
Full Texas SB 441 (AI Deepfakes) requirementsCommon questions
Could both California AB 2655 (Election Deepfakes) and Texas SB 441 (AI Deepfakes) apply to my business?
Yes. California AB 2655 (Election Deepfakes) and Texas SB 441 (AI Deepfakes) are separate regulations with separate scopes — a business can fall under both at once. California AB 2655 (Election Deepfakes) covers HISTORICAL / NOT CURRENTLY ENFORCEABLE — AB 2655 was struck down in its entirety on 20 Aug 2025 (Kohls v. Texas SB 441 (AI Deepfakes) covers Applies to: (1) any person who knowingly produces or distributes nonconsensual intimate deep fake media of an identifiable real person (criminal, Penal Code § 2… If your operations meet both scopes, you must comply with both. Aegis Firma's free scan checks all 169 tracked regulations against your business profile so you do not have to read each law to find out.
Which has the higher maximum penalty — California AB 2655 (Election Deepfakes) or Texas SB 441 (AI Deepfakes)?
California AB 2655 (Election Deepfakes): STRUCK DOWN (Kohls v. Bonta, 20 Aug 2025) — no live exposure. As enacted: injunctive or other equitable relief sought by the Attorney General, a district attorney, or a city attorney, with the violation proved by clear and convincing evidence (Elec. Code § 20516). The enforcement section provided no damages award and no general private right of action — the prior "damages (private right of action)" description was not supported by § 20516. Texas SB 441 (AI Deepfakes): Criminal: production/distribution is a Class A misdemeanor, elevated to third-degree felony with a prior § 21.165 conviction or where the depicted person is under 18 (Penal Code § 21.165(c)), plus mandatory restitution for psychological, financial, or reputational harm (§ 21.165(e)); the SEPARATE threat offense (§ 21.165(b-1) — threatening to produce/distribute to coerce, extort, harass, or intimidate) is a Class B misdemeanor, rising to Class A with a prior conviction or a minor victim. Civil: damages to the depicted person (Civ. Prac. & Rem. Code §§ 98B.0021–.0022); platform-duty violations are DTPA-actionable (§ 98B.0022(e)) with AG injunctive relief and costs/fees for repeated violations (§ 98B.0022(f)) Penalty structures differ by regulator and violation type — read each law's full page for the cure periods and per-violation detail.
When does each law take effect?
California AB 2655 (Election Deepfakes) — effective 2025-01-01. Texas SB 441 (AI Deepfakes) — effective 2025-09-01. Dates last verified against official sources on 2026-08-23 and 2026-08-22 respectively.
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