Your name. Your freedom. Your entire future — all on the line because of accusations involving technology that most prosecutors barely understand.
Texas has enacted strict laws criminalizing the creation and distribution of AI deepfake porn, with penalties that can include jail time, devastating fines, and a criminal record that follows you forever. But here’s what they don’t tell you: these laws are brand new, the evidence is often questionable, and prosecutors are throwing charges at people without fully understanding the technology involved. So, what exactly are the laws regarding deepfake pornography?
We’re going to dig into it together, but first, we want you to know that one thing is certain: a charge is not a conviction. The prosecution wants you to believe their case is airtight, but Mark Thiessen, a Houston criminal defense lawyer, and Thiessen Law Firm have secured 140+ Not Guilty verdicts by exposing weak evidence and flawed investigations. These deepfake cases are complicated, the laws are evolving, and you need an attorney who knows how to fight back.
Don’t let a misunderstanding or false accusation destroy your life. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense.
What is deepfake pornography?
Deepfake pornography is explicit content created using artificial intelligence to superimpose someone’s face — or entire body — onto pornographic material without their consent. These AI-generated videos, images, or audio clips can be shockingly realistic, making it look like someone participated in sexual acts they never actually performed.
The technology uses machine learning algorithms that analyze thousands of images of a person (often pulled from social media or public sources) and then maps their likeness onto existing pornographic content.
Is deepfake porn illegal?
In Texas, yes — but the real question is whether the prosecution can prove you’re actually guilty of creating or distributing it. The key issues in these cases are:
- Who actually created the content?
- Who distributed it?
- Did the person charged even know it was AI-generated?
- And can the prosecution prove beyond a reasonable doubt that their defendant is responsible?
These are the questions that make or break deepfake porn cases in Texas courts, and they’re exactly the questions a skilled defense attorney will ask.
What is the Texas deepfake legislation?
Texas lawmakers jumped on the deepfake porn problem early, but the first version of the law had a massive hole: it only banned “deepfake videos.” If someone created sexually explicit deepfake images, they could technically skate by.
That changed in May 2025, when Texas passed House Bill 449, amending Section 21.165 to prohibit the production and distribution of all forms of non-consensual sexually explicit deepfakes — images, videos, photos, digital recordings, all of it.
Under Texas Penal Code Section 21.165, you commit an offense if you knowingly produce or distribute deepfake content showing someone with their intimate parts exposed or engaged in sexual conduct without their consent. The penalty? A Class A misdemeanor in Texas — up to one year in jail and fines up to $4,000. If the person depicted is under 18 or you have a prior conviction, it jumps to a third-degree felony with 2 to 10 years in prison.
Here’s the problem for defendants: you don’t have to create the deepfake to get charged. Simply sharing it can land you in handcuffs. Viewing alone isn’t the crime — it’s when you take that next step of saving or forwarding the content that you cross into criminal territory.
While Texas has been cracking down at the state level, the feds have also gotten involved. The Take It Down Act — which we’ll break down next — adds another layer of criminal exposure you need to understand.
What is the Take It Down Act?
If you thought Texas’s deepfake laws were tough, buckle up. The Take It Down Act, signed into law by President Trump on May 19, 2025, makes it a federal crime to knowingly publish non-consensual intimate imagery, including AI-generated deepfake pornography.
The law criminalizes the publication of non-consensual intimate imagery (NCII), including AI-generated NCII, and requires social media and similar websites to remove such content within 48 hours of notice from a victim.
This means you’re not just dealing with state charges anymore — you could be facing federal prosecution, which comes with federal investigators, federal prosecutors, and the full weight of the Department of Justice. But here’s what matters if you’re facing charges: the Take It Down Act doesn’t just target creators — it goes after anyone who “knowingly publishes” this content.
That word “knowingly” is doing a lot of heavy lifting, and it’s where your defense lives. Did you actually know the content was AI-generated? Can the prosecution prove beyond a reasonable doubt that you had that knowledge? These are the questions that separate a conviction from an acquittal, and they’re exactly why you need an attorney who understands how to challenge federal cases.
Can deepfakes lead to prostitution charges?
Here’s a scenario that can turn a deepfake case into an absolute legal nightmare: using someone else’s AI-generated likeness to advertise escort or prostitution services. Texas prostitution laws are already tough enough on their own, but when you add deepfake charges into the mix, prosecutors will absolutely pile on every charge they can think of.
You could be facing deepfake porn charges under Section 21.165, prostitution-related offenses for advertising or promoting prostitution, and potentially even fraud or identity theft charges depending on how the deepfake was used. Law enforcement is actively running stings on escort advertising websites, and they’re not going to care whether the photos are real or AI-generated when they’re building a case against you.
Each charge comes with its own penalties, its own legal elements that must be proven, and its own potential defenses, which is why you need a Houston prostitution lawyer who knows how to untangle these complicated cases and challenge each charge individually.
Continue reading: How to know if an escort is a cop
Deepfake porn — FAQs
Is making an AI video of someone illegal?
Yes, creating an AI video that depicts someone in sexually explicit situations without their consent is illegal under Texas law. But here’s what prosecutors have to prove:
- That you knowingly created it
- That it depicts a real, identifiable person
- That you did so without consent
And every one of those elements can be challenged. Just because you’re charged doesn’t mean the state can actually prove their case beyond a reasonable doubt.
Can I get in trouble for viewing AI-generated pornography?
Simply viewing AI-generated pornography is not illegal unless it depicts minors — that’s where you cross into child pornography territory, which is a whole different level of serious. However, if you download, save, or share that content, you could be charged with distribution under Texas deepfake laws even if you didn’t create it. The line between “viewing” and “possessing” or “distributing” is thinner than most people think, and prosecutors love to blur that line.
What if I found the deepfake pornography on the dark web?
Where you found the content doesn’t matter — what matters is what you did with it. Viewing deepfake content, even on the dark web, isn’t illegal under Texas law, but downloading, saving, or sharing it absolutely is. Prosecutors may try to use the fact that you were on the dark web to paint you as someone actively seeking illegal content, but that’s not the same as proving you committed a crime under Section 21.165.
These charges are complicated, the laws are new, and prosecutors are winging it — get an attorney who isn’t.
AI deepfake porn laws in Texas are evolving faster than most prosecutors can keep up with, and that’s exactly where your defense begins. These cases are built on complicated technology, questionable evidence, and statutes so new that the courts are still figuring out how to apply them.
Mark Thiessen is a criminal lawyer in Houston who understands both the legal and technical sides of these cases. With 140+ Not Guilty verdicts and thousands of dismissals, Thiessen Law Firm knows how to expose weak evidence, challenge flawed investigations, and force prosecutors to actually prove their case beyond a reasonable doubt.
If you or someone you know is facing deepfake-related charges — whether at the state or federal level — don’t wait for the situation to get worse. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting back and protecting your future.
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