“TRUST STARTS & ENDS WITH THE TRUTH”
“TRUST STARTS & ENDS WITH THE TRUTH”
Matt is both the company founder and a nationally renowned private investigator. Matt is an intelligence specialist who excels in detecting and preventing the illegal interception of communications and in providing high-tech covert surveillance. Matt has years of hands on experience in the investigation industry and has developed a reputation for incorporating state of the art technology and innovative ideas to provide effective solutions for his clients. Matt also serves as Treasurer for the Executive Board of Directors of FALI, The Florida Association of Licensed Investigators.
Yes. Many deepfakes are illegal in Texas. A deepfake is a fake photo, video, or voice clip made by AI to look real. The tool is legal. The harm is not. Texas makes it a crime to use a deepfake to fake sexual images of a real person, threaten someone, or fool voters before an election. Texas was also the first state to ban election deepfakes, back in 2019.
It depends on what the deepfake does. Making a joke video is fine. Using AI to harm a real person is where the law steps in.
Texas splits its deepfake rules into a few clear buckets. Fake sexual content is one. Threats are another. Election lies are a third. Each has its own law and its own penalty.
Texas leans on criminal charges, and since 2025, it gives victims a way to sue too.
| Category | Law | What it does (plain) | Penalty |
|---|---|---|---|
| Fake nudes | Penal Code § 21.165 | Makes it a crime to create or share non-consensual sexual deepfakes of a real person | Class A misdemeanor (up to 1 year in jail, $4,000) |
| Fake nudes (minor or repeat) | Penal Code § 21.165 | Raises the charge when the victim is under 18 or the person has a prior conviction | Third-degree felony (2 to 10 years, $10,000) |
| Threats | Penal Code § 21.165(b-1) | Makes it a crime to threaten to make or share explicit deepfakes to harass or extort | Class B misdemeanor (up to 180 days, $2,000) |
| Elections | Election Code § 255.004 | Makes it a crime to create and share a deepfake to deceive voters within 30 days of an election | Class A misdemeanor (up to 1 year in jail, $4,000) |
| Civil | SB 441 (2025) | Lets victims sue the person who made or shared the image for money | In effect (2025) |
This is the law most people are asking about. In Texas, it is a crime to make or share a fake sexual image of a real person without their consent.
The law is Texas Penal Code § 21.165. It covers deepfakes that show someone with fake nude body parts or in sexual acts they never took part in.
A first offense against an adult is a Class A misdemeanor. In plain terms, that means up to one year in jail and a fine up to $4,000.
The charge gets much heavier fast. If the person shown is under 18, or the accused has a prior conviction, it becomes a third-degree felony, which carries 2 to 10 years in prison.
In 2025, Texas updated the law through SB 441 and closed a gap. The old version only covered videos. Now it covers still images too.
You do not have to post anything to break this law. The threat alone is a crime.
Under the same statute, threatening to produce or share an explicit deepfake to coerce, harass, or extort someone is a Class B misdemeanor, which means up to 180 days in jail.
That charge rises if the threat involves a minor or the person has done it before. This kind of case often sits next to cyberstalking and online harassment investigations, because the threat is usually part of a larger pattern.
Texas got here first. It was the first state in the nation to ban deepfakes in campaigns, back in 2019.
The rule lives in Texas Election Code § 255.004. It is a crime to create and knowingly share a deepfake video meant to hurt a candidate or fool voters within 30 days of an election. That is a Class A misdemeanor. Courts have tested parts of Texas election-speech law over the years, but this deepfake provision remains valid and in force. It is worth knowing the limits, though. The law targets fakes made to deceive, and clear parody or satire is treated differently.
This one is simple. AI is no shield.
An AI-generated sexual image of a child is treated as child sexual abuse material under Texas law. Making it, having it, or sharing it is a serious felony, and it can bring sex-offender registration.
The fact that a computer created the image is not a defense.
Texas gives victims two paths, and they can run at the same time.
One path is criminal, where the state prosecutes. The other is civil, where you sue for money.
The 2025 update added clear civil liability, so a victim can take the person who made or shared the image to court for damages.
For the civil route, documented proof is everything, which is where cyber litigation support services help turn technical findings into evidence a court accepts.
A law can say a deepfake is illegal. It cannot tell you who made it.
In my work, that missing name is the whole case. Deepfakes hide behind fake accounts and wiped file data. Finding the source takes digital forensics services, which means tracing a file back to a device or an account.
It also takes clean handling of the types of digital evidence a court will accept. Save everything first. Then get the file examined. A good law and a solid evidence trail are what turn a right into a result.
Texas bans the harmful uses of deepfakes. Fake sexual images of a real person are a crime, usually a misdemeanor, but a felony when a minor is involved or the offense is repeated.
Threats count too. Faking a candidate to deceive voters within 30 days of an election is illegal, and Texas was the first state to pass that rule. Victims can press charges and sue. The hard part is not the law. It is proving who made the file.
Southern Recon Agency investigates AI-generated content, finds its source, and documents proof your attorney can use. Request a confidential consultation with a licensed investigator.
Matt Aubin, CDFE, FBCI, is a cyber and counterfeit investigator and the founder of Southern Recon Agency. His firm focuses on AI-powered investigations, digital forensics, and technical surveillance countermeasures. He is a Certified Digital Forensics Examiner (CDFE) and a Fellow of the Business Continuity Institute (FBCI), and he works with attorneys and brands on cybercrime, deepfake, and counterfeit cases.
Yes. Making or sharing a fake sexual image of a real person without their consent is a crime under Texas Penal Code § 21.165. A first offense against an adult is a Class A misdemeanor, and it becomes a felony if the victim is a minor or the person has a prior conviction.
It is the Texas law against non-consensual sexual deepfakes. It makes it a crime to create or share a fake image or video that shows a real person in a sexual way they never agreed to. A 2025 update expanded it to cover still images as well as videos.
Sometimes. A first offense against an adult is a misdemeanor. It rises to a third-degree felony, punishable by 2 to 10 years in prison, when the person depicted is a minor or the accused has a prior conviction.
Yes. Texas Election Code § 255.004 makes it a crime to create and share a deepfake meant to deceive voters or harm a candidate within 30 days of an election. Texas was the first state to pass a law like this, in 2019.
Yes. Along with criminal charges, Texas law lets victims sue the person who made or shared the image for money damages. A 2025 update strengthened those civil protections.
Most states have deepfake laws, and they vary a lot. Our state-by-state guide to what states have deepfake laws shows where each one stands, and our federal law guide covers the nationwide rules.
This article is for general information and is not legal advice. Deepfake laws change fast. For help with a specific situation, talk to a licensed attorney in your state.