The rise of AI has made it easier than ever to create hyper-realistic fake images and videos. These tools are increasingly misused to produce non-consensual sexual content, causing serious harm and triggering aggressive criminal enforcement in Texas.
If you’ve been accused of creating or distributing deepfake pornography, the consequences can be severe—jail time, heavy fines, and lasting damage to your reputation. These cases often involve evolving laws, technical evidence, and complex questions of intent and attribution.
Defending against them requires an experienced Sex Crimes Defense Attorney Dallas who understands how Texas courts handle emerging AI-related sex crime allegations.
At the Law Offices of Richard C. McConathy, we bring over 35 years of experience defending clients against serious sex crime charges across Dallas and North Texas.
Call (972) 528-0116 for immediate legal help.
What Are Deepfakes and AI-Generated Images?
Under Texas Penal Code §21.165, “deep fake media” is a visual depiction created or modified using artificial intelligence, machine learning, or other digital tools that makes it appear someone performed an action they never actually did.
Common examples include:
- Superimposing someone’s face onto explicit videos
- Using AI apps to create nude images from clothed photos
- Generating fake intimate content using social media pictures
The technology has become frighteningly accessible. In Aledo, Texas, a high school student became a victim when a classmate used an app to impose nude images onto photos from her social media accounts.
Is Deepfake Porn Illegal in Texas? The Law Explained
Yes, deepfake porn is illegal in Texas. The state has enacted some of the most comprehensive laws in the nation addressing this issue through multiple statutes.
Texas Penal Code Section 21.165: The Primary Deepfake Law
Texas enacted its deepfake pornography law (S.B. 1361) which took effect on September 1, 2023, and is codified in Texas Penal Code § 21.165. The law was significantly expanded in 2025 to close loopholes and strengthen protections.
The law makes it a crime to:
- Produce or distribute deepfake media without consent that appears to show someone with their intimate parts exposed or engaging in sexual conduct
- Threaten to produce or distribute such content with intent to coerce, extort, harass, or intimidate
What Makes It Illegal?
For conduct to violate Texas Penal Code 21.165, prosecutors must prove:
- Intent to deceive: The deepfake was created to fool viewers
- Lack of consent: The depicted person did not agree to the content
- Electronic distribution: The material was shared digitally
- Sexual nature: The content shows intimate parts or sexual conduct
Important note: Texas law specifies that disclaimers (such as “this isn’t real”) or labels claiming the media is fake do not excuse liability.
Written Consent Requirements
Any “consent” for production or distribution under the statute is valid only if the depicted person signed a plain-language written agreement describing the deep fake and, if applicable, the work it will be incorporated into. Verbal consent is not sufficient under Texas law.
Key Legal Definitions in Texas Deepfake Law
“Sexually Explicit” Content
Under Texas Penal Code Section 21.16, which applies to deepfake cases:
“Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person
“Sexual conduct” means actual or simulated sexual intercourse, masturbation, or other sexual acts
AI Images vs. Deepfake Videos
Texas originally only banned “deepfake videos,” which left a loophole to allow for deepfake images. In 2025, Texas passed multiple bills (House Bill 449 and Senate Bill 441) expanding the original deepfake law. The major changes include:
Title Change: The law is now titled “Unlawful Production or Distribution of Certain Sexually Explicit Media” (previously “Videos”)
Expanded Coverage: Now covers both images and videos, closing the previous loophole
Removed “Intent to Deceive”: The definition of “deep fake media” no longer requires proving “intent to deceive”
New Threat Offense: Added criminal penalties for threatening to produce or distribute deepfake content
The law now covers:
- Deepfake videos
- AI-generated still images
- Computer-manipulated photos
- Any digital alteration creating fake intimate content
Criminal Penalties in Texas
Current Penalties (Effective September 1, 2025)
Class A Misdemeanor (Production/Distribution):
- Up to 1 year in county jail
- Fines up to $4,000
Class B Misdemeanor (Threats):
- Up to 180 days in jail
- Fines up to $2,000
- Enhanced to Class A if prior conviction or threat involves minor
Third-Degree Felony (Enhanced Cases):
- 2 to 10 years in state prison
- Fines up to $10,000
- Applied when depicted person is under 18 or defendant has prior conviction
Defending Against Deepfake Charges
Several defense strategies may apply:
Consent Issues: Proper written consent from the depicted person or evidence of relationship context
Technical Challenges: Questioning whether content qualifies as “deepfake” or challenging creation versus distribution evidence
Constitutional Defenses: First Amendment protections for certain expression
Evidence Problems: Challenging digital forensics reliability, chain of custody issues, or search and seizure violations
At the Law Offices of Richard C. McConathy, our experience with criminal defense gives us insight into defending these complex cases.
📞 Contact our criminal defense attorneys immediately at (972) 528-0116 if facing deepfake charges.
Related Criminal Charges
Deepfake cases often involve multiple charges:
Child Pornography: AI-generated images depicting minors carry third-degree felony penalties (2-10 years prison) and mandatory sex offender registration
Other Related Charges: Harassment, cyberbullying, extortion, or online impersonation under various Texas Penal Code sections
Federal Law: Take It Down Act
The Take It Down Act has been signed into law by President Trump on May 19, 2025.
The law is now in effect and creates federal criminal penalties for:
- Non-consensual intimate imagery publication
- Enhanced penalties for minor victims
- Platform accountability requirements
- Civil remedies for victims
This creates additional legal exposure beyond Texas state charges.
| Offense Level | Texas Penalties | Federal Exposure |
|---|---|---|
| Adult deepfake porn | Class A misdemeanor (up to 1 year jail) | Federal prosecution possible |
| Minor-involved content | 3rd degree felony (2-10 years prison) | Enhanced federal penalties |
| Threats/extortion | Class B misdemeanor (up to 180 days) | Federal cyberstalking charges |
Why Choose the Law Offices of Richard C. McConathy
When facing serious deepfake pornography charges, you need attorneys who understand both the technology and the law. Our firm offers:
✅ 35+ years of criminal defense experience
✅ Experienced criminal defense representation
✅ Skilled attorneys with criminal law expertise
✅ In-depth knowledge of sex crime defenses
✅ Aggressive advocacy for every client
Take Action Now: Protect Your Rights
Deepfake pornography charges carry severe consequences that can destroy your life. Don’t face these charges alone.
Critical steps to take immediately:
- Stop talking to police without an attorney present
- Preserve any evidence that supports your defense
- Don’t delete anything from your devices
- Contact an experienced criminal defense lawyer immediately
The sooner you act, the better we can protect your rights and build your defense.
Contact the Law Offices of Richard C. McConathy Today
Don’t let deepfake charges ruin your future. Our experienced criminal defense team is ready to fight for you.
📞 Call (972) 528-0116 now for immediate legal help.
We serve clients throughout Dallas County and North Texas, including:
- Dallas
- Irving
- Plano
- Richardson
- Carrollton
- Garland
Frequently Asked Questions
Is creating AI porn of a consensual partner illegal in Texas?
Even with a partner’s verbal consent, you need written consent under Texas law. Without proper documentation, you could still face criminal charges. The safest approach is avoiding such content entirely.
Can I be charged for sharing deepfake porn I didn’t create?
Yes. Texas law criminalizes both production and distribution of deepfake pornography. Simply sharing content someone else created can result in the same Class A misdemeanor penalties.
Are AI-generated sexual images treated the same as deepfake videos?
As of 2025, Texas law covers both images and videos equally under the expanded deepfake statute. There’s no legal distinction between the two formats.
What should I do if someone made a deepfake of me?
As a victim, you can:
- File a police report for criminal charges
- Pursue civil remedies for damages
- Seek injunctive relief to stop distribution
- Work with platforms for content removal
Can law enforcement search my devices without a warrant?
Generally, no. Police need a warrant to search digital devices. However, there are exceptions for consent and exigent circumstances. Never consent to a search without an attorney present.