Texas senators have unanimously approved two measures that define and penalize the distribution of sexually explicit content generated by artificial intelligence.
Senate Bill 20, filed by State Sen. Pete Flores (R-Pleasanton) and a priority of Lt. Gov. Dan Patrick, was the first measure passed by lawmakers on Wednesday.
The measure clarifies and expands penalties for accessing, possessing, or promoting visual material that appears to depict a child engaging in sexual acts or other patently offensive sexual depictions.
SB 20, as initially filed, also establishes offenses for violators. Among them are a state jail felony, a third-degree felony for a previously convicted person, or a second-degree felony for a person convicted two or more times.
Flores explained that Lt. Gov Patrick “asked the Criminal Justice Committee to study how predators use deepfake technology and artificial intelligence, also known as AI, to harm and exploit children.” He added, “It became clear that technology has allowed the creation of this material to be easier, quicker, and more prevalent than ever before.”
Flores also commented on testimony from the Criminal Justice Committee hearings regarding explicit AI material being used “to groom and abuse children.”
Senators also approved two amendments that give prosecutors more flexibility to charge violators and allow judges to stack multiple applicable offenses consecutively.
SB 442, filed by State Sen. Juan Hinojosa (D-McAllen), was passed directly after SB 20. The measure strengthens the definitions of what constitutes the non-consensual distribution of AI deepfakes of adults.
A deepfake, according to Merriam-Webster, is “an image or recording that has been convincingly altered and manipulated to misrepresent someone as doing or saying something that was not actually done or said.”
Individuals found producing these illicit deepfakes in violation of SB 442 could be charged with a Class A misdemeanor on the first offense and receive harsher felony penalties for repeat offenses.
Patrick stated after the passage of SB 20 that Texas “must be very careful about our approach to artificial intelligence” as the state enters the digital age.
“I named SB 20 as a priority because Texas law must do more to eliminate all types of child pornography and stop the crimes that result from it,” stated Patrick.
“SB 20 keeps Texas up to date with advancements in technology and cuts off any loopholes in the law to protect our kids. I thank Sen. Flores for his diligent work to address this important issue,” he added.
Both SB 20 and SB 442 will now be sent to the Texas House of Representatives.
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