Law / United States / 
Texas
S.B. 441 (2025), civil liability for artificial intimate visual material and nudification applications
Tex. Civ. Prac. & Rem. Code §§ 98B.0021-98B.009
In force since .
An AI prohibited practices rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- How the hook was established
- express
- What makes it apply
- Operator establishment, Data subject residence, Content origin, Place of effect
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- A person depicted in artificial intimate visual material, produced or disclosed without their consent and with intent to harm them, can sue the creator, solicitor, discloser, or promoter for damages if the material reveals their identity.
- If you own a website, application, or social media platform and recklessly facilitate production or disclosure of such material for payment, or you own a publicly accessible nudification application (an AI application primarily designed and marketed to produce this material), you are liable for damages to the depicted person.
- If you own a website, application, or social media platform on which such material is disclosed, you are liable for damages if the depicted person requests removal and you fail to remove it, and known identical copies, within 72 hours.NIST AI RMFMANAGE 4.1
- You must provide an easily accessible system for a depicted person to request removal, and a clear, plain-language notice describing that process and your responsibilities under it.NIST AI RMFMEASURE 3.3
- Failing the removal, system, or notice duties is a deceptive trade practice, giving the Attorney General and a private claimant a cause of action under the Deceptive Trade Practices-Consumer Protection Act.
- A depicted person has 10 years from discovering the material, or from turning 18, whichever is later, to bring a claim.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 3.3Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics.
- MANAGE 4.1Post-deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Depicted persons, by civil action for damages; the Attorney General, who may bring an action for injunctive relief against a person who repeatedly violates Section 98B.0022(b), (c) or (d)
Settledness
- As of
- Open questions
- Does "recklessly facilitates the production or disclosure of artificial intimate visual material in exchange for payment" in Section 98B.0022(a) reach a platform whose users pay a general subscription rather than a charge for the material itself?
- Does "owns a publicly accessible nudification application from which the material is produced" in Section 98B.0022(a) reach an owner of a general-purpose image generator that was not "primarily designed and marketed" to produce artificial intimate visual material, as Section 98B.001(3) defines a nudification application?
- Does "recklessly processes or facilitates payment for the production or disclosure of the material" in Section 98B.0022(a) reach a payment processor that was not told what the payment was for?
What it makes you log
Logging duty
Chapter 98B requires an owner to provide a removal-request system and notice of it, and makes an owner liable in damages for failing to remove reported material within 72 hours. Nothing in the chapter states a duty to create, keep, or produce a log of requests received or actions taken; the 72-hour window is a liability trigger, not a documentation requirement.
- Kind
- None
- As of
What this law does
A defendant who, without effective consent and with intent to harm, produces, solicits, discloses, or promotes artificial intimate visual material (AI-produced depictions of a person's exposed intimate parts or of them engaging in sexual conduct) that reveals the depicted person's identity is civilly liable to that person for damages.
A website, application, or social media platform owner who recklessly facilitates production or disclosure of the material for payment, or who owns a nudification application, an AI application primarily designed and marketed to produce artificial intimate visual material, is separately liable for damages. An owner is also liable for damages if the depicted person requests removal and the owner fails to remove the material, and known identical copies, within 72 hours of the request.
Every such owner must provide an accessible removal-request system and a clear, plain-language notice of it, and a violation of the removal, system, or notice duties is a deceptive trade practice actionable under the Texas Deceptive Trade Practices-Consumer Protection Act. A claim under this chapter must be brought not later than 10 years after the later of the depicted person's discovery of the material or the date the depicted person turns 18.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI, publishes adult content or operates a social platform.
Back to the example · Lint your app
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