US-TX

Texas SB 441 — AI Nonconsensual Intimate Visual Materials: AI Compliance Requirements

Texas SB 441 (signed June 20, 2025, effective September 1, 2025) makes it a criminal offense and creates civil liability for knowingly producing, distributing, or promoting AI-generated nonconsensual intimate visual material ("deepfake porn"). Businesses offering AI image or video generation must ensure their platforms cannot be weaponized to create such content without consent. Companion HB 3133 (also effective Sep 1, 2025) requires social media platforms to provide easily accessible complaint systems for explicit deepfake removal. This is separate from Texas TRAIGA and applies specifically to AI-generated intimate images.

Key Facts

Effective Date

September 1, 2025

Maximum Penalty

Class A misdemeanor (criminal) + civil damages (actual damages, unjust enrichment, up to $150,000 punitive)

What Your Business Must Do

2 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.

AI Image/Video Platform Deepfake Safeguards

Critical

If your AI product can generate images or video: implement content policy and technical controls preventing creation of nonconsensual intimate visual materials. Required elements: (1) Terms of service expressly prohibiting nonconsensual intimate AI images. (2) Content moderation or classifier to detect and block intimate AI depictions. (3) Reporting mechanism for victims.

Victim Reporting & Content Removal Protocol

High Priority

Maintain a documented process for receiving and acting on requests to remove AI-generated intimate content created without consent. Per companion HB 3133: social media platforms must provide an easily accessible and timely complaint system for explicit deepfake removal. Document response procedures and removal timelines.

Frequently Asked Questions

Does Texas SB 441 — AI Nonconsensual Intimate Visual Materials apply to my business?

Texas SB 441 (signed June 20, 2025, effective September 1, 2025) makes it a criminal offense and creates civil liability for knowingly producing, distributing, or promoting AI-generated nonconsensual intimate visual material ("deepfake porn"). Busine. Use ComplianceIQ's free scanner to get a personalized assessment in under 5 minutes.

What is the penalty for non-compliance?

The maximum penalty under Texas SB 441 — AI Nonconsensual Intimate Visual Materials is: Class A misdemeanor (criminal) + civil damages (actual damages, unjust enrichment, up to $150,000 punitive). Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.

How do I comply with Texas SB 441 — AI Nonconsensual Intimate Visual Materials?

The 2 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. ComplianceIQ generates all required documents automatically.

Official Source

https://www.mayerbrown.com/en/insights/publications/2025/06/texas-passes-unique-artificial-intelligence-law-focused-on-prohibited-practices

Last updated: 2026-04-12 — verify at source before relying on this information.

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