What is a Deepfake?

Deepfake technology has gained a lot of attention over the past few years concerning both individuals and lawmakers. What exactly is a deepfake? A deepfake is a type of synthetic media where artificial intelligence (AI) is used to create highly realistic but fake videos, images, or audio recordings.

Deepfake software can swap faces, mimic voices, or alter existing videos in a way that makes it nearly impossible to tell what’s real and what’s fabricated. For example, someone could create a video where it appears a celebrity or politician is saying or doing something they never actually did. While deepfake technology can be used for harmless entertainment or educational purposes, it also has a darker side.

Is it illegal to make a deepfake in Texas?

In many cases, making a deepfake is illegal in Texas, especially if it’s used to harm others. A few years ago, Texas passed State Bill 1361, which makes it illegal to create and distribute deepfakes that are intended to harm someone or deceive voters during an election. Under this law, it’s a crime to create or share deepfake content with the intent to:

• Influence an election by misleading voters about a candidate
• Defame or harass someone through fake videos or images
• Commit fraud or extortion, like using a deepfake to manipulate someone into giving money or personal information

With deepfakes, the intent behind the creation or distribution matters. If the content is made purely for entertainment or satire and doesn’t harm anyone, it’s less likely to be considered illegal. However, the line between what’s legal and illegal can get blurry – which is why anyone accused of a deepfake-related crime should seek legal advice immediately.

What are the possible punishments for deepfake crimes in Texas?

The penalties for deepfake-related crimes here in Texas depend on the type of harm caused and the intent behind the creation and distribution of such content. Here are the penalties and punishments for common deepfake offenses:

• Creating or sharing a deepfake designed to mislead voters during an election is a Class A misdemeanor with a punishment of up to one year in jail and a $4,000 fine.
• Making or distributing deepfake pornography, especially involving someone without their permission, is also a Class A misdemeanor. Penalties include up to one year in jail and a $4,000 fine.
• If a deepfake is used to harass or bully someone online, it’s typically charged as a Class B misdemeanor. This can lead to up to 180 days in jail and a $2,000 fine. However, if the offender has prior harassment convictions, the charge could be elevated to a Class A misdemeanor.
• Using a deepfake to blackmail someone or extort money can lead to severe penalties, depending on the money involved. Penalties can range from a misdemeanor to a felony.
• Using a deepfake to harass or intimidate someone is typically a Class B misdemeanor, with punishments including up to 18- days in jail and a $2,000 fine.

As you can see, these penalties highlight just how seriously Texas takes the use of deepfake technology. Even if you think your actions are just a prank, the consequences can be life-changing.

What should I do if I’m accused of a deepfake crime?

Being accused of creating or distributing a deepfake can be overwhelming and confusing, but it’s important to remember that an accusation doesn’t automatically mean you’re guilty. Take the following steps if you find yourself in this situation.

• Consult with an experienced Killeen criminal defense attorney. Our skilled attorneys are familiar with technology-related crimes and can help you understand the charges against you and build a strong defense.
• Keep any emails, messages, or other communications that may prove your innocence. Evidence is vital in showing your intent or disproving claims.
• You have the right to remain silent and avoid self-incrimination. Speak with our attorneys before talking to law enforcement.
• Deepfake accusations often rely on digital evidence. Our attorneys can question the authenticity and reliability of this evidence.

Deepfake cases can be complicated because they involve both legal and technological issues. Our attorneys have seen firsthand how these cases can escalate quickly. Laws surrounding deepfakes are still evolving, and prosecutors might try to make an example out of you.

If you or someone you know is facing charges related to deepfake crimes, don’t face the aftermath alone. Our experienced attorneys can explain your options, protect your rights, and work to achieve the best possible outcome for your case. Remember, everyone makes mistakes, and everyone deserves a second chance. Whether you’ve had a misunderstanding or a lapse in judgment, we’re here to stand by your side and help you through the legal process with compassion and confidence.

Have you been accused of creating or distributing a deepfake? Don’t wait to get the help you need. These cases can be complex and involve serious penalties, but the skilled Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers are here to help you protect your future. Get in touch with us today – we’re here to listen to your story, explain your rights, and work tirelessly to build a strong defense on your behalf. Call us or fill out our contact form today.