A version of the following public comment was submitted to the Texas State Senate Committee on Criminal Justice on May 19, 2025.
Thank you for the opportunity to submit comments on the House Bill 449 of 2025 (HB449). My name is Richard Sill, and I serve as a policy analyst at Reason Foundation, a national 501(c)(3) public policy research and education organization with expertise across a range of policy areas, including housing, public finance, and technology.
HB449 would amend Section 21.165 of the Texas Penal Code to include “deep fake images” in what constitutes the production or distribution of sexually explicit content. Currently, the Penal Code only refers to “deep fakes videos.”
HB449 takes a careful regulatory approach, particularly in that it does not expand the definition of what constitutes an offense: a non-consensual deepfake depicting a “person with the person’s intimate parts exposed or engaged in sexual conduct.” By keeping the same language as existing law, HB 449 remains focused on targeting only truly harmful, non-consensual acts.
We commend Rep. González and the authors of HB 449 for their thoughtful approach in addressing the growing problem of non-consensual sexually explicit deepfake images and videos. The bill sends a clear message that exploiting someone’s likeness is unacceptable and will be met with serious consequences. Overall, HB 449 is a narrowly tailored and well-crafted addition to existing law meant to combat a specific and pressing issue. It deserves praise for striking a balance between protecting privacy and dignity without overreaching into other forms of expression.