Technology has advanced faster than the law can keep up, and deepfake pornography is a prime example. In 2023, the State of Texas enacted a law that directly addresses this issue, and the federal government may soon follow. If you are facing a deepfake porn charge—or any kind of pornography-related charge—speak with a knowledgeable Killeen criminal defense attorney.
What Is Deepfake Pornography?
Deepfake pornography refers to digital media, typically video, that has been manipulated using artificial intelligence (AI) to create fake content that appears real. This can range from simply swapping someone’s face onto another person’s body to creating elaborate scenes of someone engaging in sexual acts.
The critical element of all deepfake pornography is that it is created without the depicted person’s knowledge or consent.
Texas Law and Deepfake Porn
Texas addressed deepfake pornography with a law against the unlawful production or distribution of certain sexually explicit videos, which went into effect on September 1, 2023. Under this law, deepfake pornography is defined as content intended to deceive viewers by depicting real people performing sexual acts they did not actually perform.
To be charged, the following must be true:
The video was produced without the effective consent of the depicted person.
The video was produced or distributed knowingly via electronic means.
The video fraudulently depicts the subject engaged in sexual activity or with intimate parts exposed.
A deepfake pornography charge is a Class A misdemeanor, carrying up to a year in jail and fines of up to $4,000.
If you are under investigation or facing charges, contact a Killeen criminal defense lawyer to begin building your defense.
The Broader Threat of AI in Criminal Behavior
This 2023 law was prompted by growing concern over AI’s ability to create convincing explicit content without a person’s consent. In 2024, Texas also passed a law criminalizing deepfake political communications—also a Class A misdemeanor.
When Additional Charges Apply
If deepfake pornography is used as a tool of harassment or intimidation, additional charges may apply, such as harassment or stalking.
Harassment Charges
Harassment can include the following kinds of behavior:
Obscene communication (verbal or written)
Threatening bodily injury or felony acts
Sending false reports about serious injury or death
Repeated calls or messages to annoy or alarm
Harassment is typically a Class B misdemeanor that can be elevated to Class A with prior offenses. Penalties range from 6 months to 1 year in jail, with fines between $2,000 and $4,000.
Stalking Charges
Stalking involves repeated actions meant to cause fear. This includes threats, surveillance, damaging property, or indirect intimidation. Stalking is generally a third-degree felony in Texas, punishable by 2 to 10 years in prison and fines of up to $10,000.
No matter what kinds of charges you are facing, contact a skilled criminal defense attorney for help defending your rights and bringing your case to its best possible resolution.
Deepfake Porn Statistics
Security Hero shares alarming statistics on the growth of deepfake content:
Deepfake videos increased by 550% from 2019 to 2023.
98% of deepfakes are pornographic.
99% of targets are women.
1 in 3 deepfake tools allow users to make their own pornographic content.
If a perpetrator has a clear image of a victim’s face, it takes only 25 minutes to craft a deepfake pornographic video.
70% of top porn sites include deepfakes.
Deepfake-specific sites get around 35 million visits a month.
If you’ve been falsely accused of creating or sharing deepfake porn, legal support is essential.
Federal Law and Deepfake Pornography
The federal government has yet to match state-level actions. However, proposed legislation like the “Take It Down” Act aims to criminalize the distribution of non-consensual intimate images, including those generated via AI.
Overview of Pornography Laws in Texas
Pornography, whether physical or online, is not illegal in Texas. To view or access porn legally in Texas:
You must be 18 or older
You cannot distribute porn to anyone under 18
All depicted individuals must be consenting adults
While porn is not illegal, several laws are in place to ensure safety for minors and non-consenting individuals.
For example, Texas has enacted strict laws requiring adult websites to verify users' ages with government-issued IDs. It also enforces revenge porn laws that make it illegal to distribute consensually created images without consent to share.
A pornography-related conviction is serious, as it can land you on the sexual offender list. Contact a criminal defense attorney for help protecting your reputation and future.
Other Illegal Pornographic Acts in Texas
In addition to revenge porn and deepfake porn, there are a range of additional categories of pornography in Texas that are illegal.
Obscene Display or Distribution
It is against the law in Texas to intentionally distribute or display obscene materials in such a way that others might be alarmed or offended. The charge is a state jail felony, which carries from 6 months to 2 years in a state jail facility and up to $10,000 in fines.
Child Pornography
In Texas, it is against the law to possess, produce, promote, or distribute visual materials that depict a child who is not yet 18 engaged in any form of sexual conduct. The crime begins as a third-degree felony, which carries 2 to 10 years in prison and fines of up to $10,000.
AI-Generated Porn Depicting a Minor
When the pornography includes the AI-generated features of a real child, traditional child pornography laws apply. The charge is a third-degree felony.
Sexual Performance by a Child
Engaging a child who is not yet 18 years old in a sexual performance – or producing, promoting, or directing such material – carries the charge of sexual performance by a child. The charge is a second-degree felony, which carries a sentence of from 2 to 20 years in prison and fines of up to $10,000.
Distributing Harmful Materials to a Child
The State of Texas outlaws the sale, distribution, and display of harmful materials to minors. Harmful in this capacity refers to materials that appeal to minors’ baser instincts, that are offensive to prevailing social standards of what’s suitable for minors, and that lack legitimate value in terms of literature, art, science, or politics.
Porn falls squarely into this categorization, including explicit films and videos, pornographic literature, and pornographic magazines – as well as obscene images and illustrations. The charge is generally a Class A misdemeanor, which carries up to a year in jail and fines of up to $4,000.
If the charge is not the accused person’s first or if the material is particularly egregious, the crime can be elevated to a third-degree felony that carries 2 to 10 years in prison and fines of up to $10,000.
Sexting Between Minors
It is a crime to intentionally and knowingly send someone else obscene content – whether it’s a video or photo – that depicts someone who is known to be a minor, and this is true whether there is an adult involved in the exchange or not.
Possession or promotion of child pornography is a serious charge, and the visual content sexted between minors often qualifies – regardless of whether one of the minors doing the sexting is the minor depicted in the photo or video. This is a complicated facet of the law, and if your child is facing charges, you shouldn’t wait to reach out for trusted legal counsel.
Contact a Killeen Criminal Defense Lawyer Today
If you are facing any pornography-related charges, including those involving deepfake content, you need an experienced legal advocate. The consequences are too serious to navigate on your own.
Contact the Law Office of Brett H. Pritchard online or call us at (254) 781-4222 to schedule your FREE consultation with a seasoned Killeen criminal defense attorney today.