§ 98B.001.Definitions

Six definitions, and three of them were added in 2025 to reach AI-generated material.

"Intimate visual material" means visual material depicting a person with the person's intimate parts exposed or engaged in sexual conduct. "Intimate parts," "promote," "sexual conduct," and "visual material" take their meanings from the Penal Code offence.

"Artificial intimate visual material" is computer-generated intimate visual material produced, adapted, or modified using an artificial intelligence application or other computer software in which the person is recognizable as an actual person by face, likeness, voice, or other distinguishing characteristic, such as a unique birthmark or other recognisable feature.

Recognisability is the operative element. The material need not be real; it must depict a real, identifiable person. That is what separates this from wholly fictional imagery.

"Nudification application" means an artificial intelligence application primarily designed and marketed for the purpose of producing artificial intimate visual material — a definition targeting the tools themselves rather than only their users.

"Consent" was also defined in 2025, and the definition is demanding: affirmative, conscious, and voluntary agreement, made freely and without coercion, fraud, or misrepresentation.

That forecloses the arguments that would otherwise be made about acquiescence or about consent obtained by deception as to what the material would be used for.