If you are wondering whether making a deepfake is illegal in Texas, you are not alone. More people face this question every day as the technology spreads. Maybe you saw a deepfake online and want to know if it crosses a line. Maybe you or someone you know made one and now worries about the consequences. It is normal to feel uncertain, because the law here is new and moving fast. The short version is simple. Some deepfakes are perfectly legal, while others can lead to serious criminal charges. At McCarty-Larson, PLLC, we help people understand where that line falls and how to protect themselves. Our team serves clients throughout Ellis County, Johnson County, Tarrant County, and Dallas County. This guide explains when a deepfake becomes a crime in Texas, the penalties, and the defenses that may apply.
When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
The Short Answer
Making a deepfake is not automatically illegal in Texas. It becomes a crime when the deepfake shows a real person in a sexual way without their consent, targets a minor, threatens or extorts someone, or aims to deceive voters near an election. Legitimate art, satire, and commentary are generally legal.
Is Making a Deepfake Illegal in Texas?
A deepfake is a photo, video, or audio clip that uses artificial intelligence to fake reality. It makes it look like a real person did or said something they never did. Not every deepfake breaks the law. Texas does not ban the technology itself. In fact, the First Amendment protects many deepfakes, such as parody, art, and political commentary.
The law steps in based on what the deepfake shows and why someone made it. Texas has focused on the situations where deepfakes cause the most harm. These include fake sexual images, threats, content involving minors, and election deception. In those areas, making or sharing a deepfake can lead to real criminal charges. Keep in mind that sharing a deepfake can be just as illegal as making one. Forwarding or posting someone else’s fake image can bring the same charge as creating it.
Sexually Explicit Deepfakes and Texas Law
The main Texas deepfake law is Section 21.165 of the Penal Code. It makes it a crime to produce or share a sexually explicit deepfake of a real person without their consent. It covers fake images that show someone with exposed intimate parts or in sexual acts they never took part in. Texas first passed this law in 2023 and expanded it in 2025. It now covers still images, not just videos.
Consider a common example. After a breakup, a person uses an app to paste an ex’s face onto an explicit photo. They post it online to embarrass the ex. Even though the image is fake, sharing it without consent is a crime in Texas. It also does not matter if you label the picture as fake. The law is clear that a disclaimer does not protect you.
The base offense is a Class A misdemeanor. It carries up to one year in jail and a fine of up to $4,000. It rises to a third-degree felony if the person has a prior conviction or the person shown is under 18. That felony level carries two to ten years in prison. A person convicted of this crime must also pay restitution to the victim for the harm they caused.
Texas also added a separate offense for threats. Threatening to make or share a deepfake to coerce, harass, or extort someone is its own crime. It counts even if the person never creates an image. This overlaps with other online offenses. You can read more in our guide on whether doxxing is illegal in Texas.
When a Deepfake Involves a Minor
This is the most serious lane by far. Texas law treats any sexual image of a person under 18 as child sexual abuse material. That now includes images made with artificial intelligence. A 2025 law made this point clear. Texas treats a computer-generated sexual image of a child the same as a real one. The fact that no real child appears in the image is not a defense.
These offenses are serious felonies that can carry years in prison and sex-offender registration. Teenagers are not exempt from the law. Police have arrested minors for making deepfakes of classmates. When the person shown is under 18, prosecutors can charge the case as child sexual abuse material. If your child faces this kind of accusation, our Texas juvenile defense lawyers can help. We explain what is at stake and work to protect their future.
Election Deepfakes and Protected Speech
Texas was the first state in the country to target election deepfakes. Under the Texas Election Code, it is a crime to create and share a deepfake video meant to hurt a candidate or sway an election. This rule applies within 30 days of that election. Texas passed the law back in 2019, and a violation is a Class A misdemeanor.
This is where the free speech line matters most. The law targets fakes made to deceive voters, not honest satire or clearly labeled parody. Political commentary and obvious jokes are generally legal. The problem comes when a deepfake looks realistic enough to fool people and aims to mislead them. That distinction can be the heart of a case.
Defenses to a Deepfake Charge in Texas
An accusation is not a conviction, and several defenses can apply depending on the facts.
Consent. The sexual deepfake law only applies when the person shown did not consent. Texas requires that consent to be a signed, plain-language written agreement. Proving or disproving consent is often central to a case.
Protected speech. For non-sexual deepfakes, the First Amendment may protect satire, art, and commentary. A strong defense can show that a post was clearly parody rather than an attempt to deceive.
It was not you. These cases often turn on who actually made or shared the file. Hackers take over accounts every day, and the state still has to prove you were responsible.
The content does not qualify. The law has specific definitions. If the image does not meet them, or does not realistically depict a real person, the charge may not fit.
This area of law is new and the penalties are steep. Having our Texas criminal defense lawyers review your case early can make a real difference.
How McCarty-Larson Can Help
If you are facing a deepfake accusation in Texas, the stakes are high and the law is still taking shape. Robin McCarty and the team at McCarty-Larson, PLLC bring a background as former prosecutors and law enforcement officers. We know how the state builds these cases and where they can break down. Here is how we help:
- Review the evidence and test whether the conduct actually fits the law
- Challenge the state’s proof that you created or shared the content
- Raise defenses like consent, protected speech, or mistaken identity
- Fight to reduce or dismiss charges before they reach a conviction
- Protect your rights during any police questioning or search
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Contact McCarty-Larson Today
A deepfake charge can carry lasting consequences, so acting early is the best way to protect your future. Contact McCarty-Larson, PLLC today for a free, confidential consultation. Our Texas criminal defense attorneys are ready to stand by you every step of the way.