AI Sexual Deepfakes in Texas: Understanding the New Civil Remedies Under Chapter 98B
AI tools can generate nude or sexually explicit images that appear to depict real people who never consented to the images being made. Nudification apps and sexual deepfakes have lowered the barrier to creating and circulating this kind of material. Effective September 1, 2025, amendments to Chapter 98B of the Texas Civil Practice and Remedies Code expanded civil liability to cover ‘artificial intimate visual material’: computer-generated intimate material in which a real person is recognizable by their face, likeness, voice or another distinguishing characteristic. Who can face liability under Chapter 98B? Chapter 98B allows a civil claim against a person who produces, solicits, discloses or promotes artificial intimate visual material without effective consent, intends to cause harm and actually causes harm. The depicted person must also be identifiable from the material. A person who creates the image, requests its creation or promotes it can also face liability if...