Texas SB 441 — AI Nonconsensual Intimate Visual Materials: AI Compliance Requirements
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 the depicted person for producing, soliciting, disclosing, or promoting "artificial intimate visual material" without effective consent — defined by § 21.165(b-2) as a written, plain-language agreement knowingly and voluntarily signed by the depicted person — and with intent to harm (Civ. Prac. & Rem. Code § 98B.0021). Website owners are liable for recklessly facilitating such material, owning a publicly accessible "nudification application", or failing to remove reported material within 72 hours (§ 98B.0022). Companion HB 3133 (also effective Sep 1, 2025) adds explicit-deep-fake complaint, removal, and 7-day status-notice duties to Bus. & Com. Code ch. 120, which applies to social media platforms with more than 50 million monthly active US users. This is separate from Texas TRAIGA and applies specifically to AI-generated intimate imagery.
Summary of publicly-available regulatory text as of 2026-08-22. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
Key Facts
September 1, 2025
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))
What Your Business Must Do
3 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.
AI Image/Video Platform Deepfake Safeguards
CriticalIf your AI product can generate images or video: implement content policy and technical controls preventing creation of nonconsensual intimate visual materials. The statute's liability hooks: a website owner is liable if it "recklessly facilitates the production or disclosure of artificial intimate visual material" or owns a publicly accessible "nudification application" — an AI application primarily designed and marketed for producing artificial intimate visual material (§ 98B.0022(a), § 98B.001). Practical controls: (1) Terms of service expressly prohibiting nonconsensual intimate AI images. (2) Content moderation or a classifier to detect and block intimate AI depictions. (3) A reporting mechanism for victims. Claimants may sue pseudonymously (§ 98B.008) and have 10 years from discovery, or from age 18, to file (§ 98B.009).
Deadline: September 1, 2025
Tex. Civ. Prac. & Rem. Code §§ 98B.0021–.0022; Tex. Penal Code § 21.165Victim Reporting & Content Removal Protocol
High PriorityMaintain a documented process for receiving and acting on requests to remove AI-generated intimate content created without consent. A website that receives a removal request from the depicted person is liable if it fails to remove the material within 72 hours and make reasonable efforts to identify and remove known identical copies (§ 98B.0022(b)); it must offer an easily accessible removal-request system (§ 98B.0022(c)) with clear, conspicuous plain-language notice of the process (§ 98B.0022(d)). Separately, companion HB 3133 (Bus. & Com. Code ch. 120) requires covered social media platforms to run an explicit-deep-fake complaint system, immediately confirm receipt of a user report, remove reported content and known identical copies, and give the reporting user a written status update within 7 days.
Deadline: September 1, 2025
Tex. Civ. Prac. & Rem. Code § 98B.0022(b)–(f); Tex. Bus. & Com. Code §§ 120.101–.103, 120.1015, 120.1025 (as amended/added by HB 3133)No Threats to Produce/Distribute Deep Fake Media to Coerce, Extort, Harass, or Intimidate
High PriorityTexas Penal Code § 21.165(b-1) (added by SB 441): a person commits a separate criminal offense by intentionally threatening to produce or distribute deep fake media with intent to coerce, extort, harass, or intimidate another person — the offense exists even if no deepfake is ever actually produced. Class B misdemeanor; rises to Class A with a prior § 21.165 conviction or where the threatened/depicted person is under 18. Relevant to any AI image/video generation product: trust-and-safety and abuse-monitoring should screen for users referencing the product's own generation capability to threaten someone (a common pattern predating the 2025 amendment: "give me money or I'll make a deepfake of you"). Separately, § 21.165(b-2) sets the effective-consent bar for the underlying production/distribution offense at a WRITTEN agreement — knowingly and voluntarily signed by the depicted person, drafted in plain language, describing the deep fake media and any audiovisual work it will be incorporated into — not mere informal consent.
Deadline: September 1, 2025
Tex. Penal Code § 21.165(b-1) (threat offense), § 21.165(b-2) (written-consent standard)Who Does This Apply To?
Applies to: (1) any person who knowingly produces or distributes nonconsensual intimate deep fake media of an identifiable real person (criminal, Penal Code § 21.165) or who produces, solicits, discloses, or promotes artificial intimate visual material without effective consent and with intent to harm (civil, Civ. Prac. & Rem. Code § 98B.0021); and (2) websites and applications — liability attaches for recklessly facilitating the production or disclosure of such material, owning a publicly accessible nudification application, or failing the § 98B.0022 removal-request duties (72-hour removal, accessible request system, plain-language notice). No business-size threshold for the SB 441 duties. Companion HB 3133's complaint-and-removal duties sit in Bus. & Com. Code ch. 120 and bind only social media platforms with more than 50 million monthly active US users (§ 120.002). SB 441 is distinct from the broader Texas Responsible AI Governance Act (TRAIGA) — it is specific to AI-generated intimate imagery. The operative trigger is producing, or enabling the production of, nonconsensual intimate synthetic media of a real person.
Key Case Law & Precedent
Susan B. Anthony List v. Driehaus (US 2014)
Supreme Court of the United States · 2014Established standing rules for First Amendment challenges to state laws criminalizing political speech containing false statements. Texas SB 751 / SB 441's defenders cite Driehaus to argue that narrowly-tailored deepfake-disclosure requirements survive First Amendment scrutiny because they regulate the AI-generation context, not the political message itself.
Outcome: Standing for pre-enforcement challenge confirmed; underlying state false-statement law later struck down on First Amendment grounds
Case referenceIndustry Playbooks covering Texas SB 441 — AI Nonconsensual Intimate Visual Materials
These industry playbooks include jurisdiction-specific checklist items and guidance for Texas SB 441 — AI Nonconsensual Intimate Visual Materials.
Frequently Asked Questions
Does Texas SB 441 — AI Nonconsensual Intimate Visual Materials apply to my business?
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… Use Aegis Firma's free scanner to get a personalized assessment in under 5 minutes.
What is the penalty for non-compliance?
The maximum penalty under Texas SB 441 — AI Nonconsensual Intimate Visual Materials is: 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)). Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.
How do I comply with Texas SB 441 — AI Nonconsensual Intimate Visual Materials?
The 3 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. Aegis Firma generates all required documents automatically.
Official Source
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB441Last updated: 2026-08-22 — verify at source before relying on this information.
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