Technology is moving faster than the law, but Texas is trying to catch up. On January 1, 2026, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) officially went into effect. This landmark legislation creates a specific criminal framework for “Digital Misconduct,” particularly involving AI-generated content.
As a top-ranked firm for Sex Crimes in Dallas, Lewis & Ashworth is at the forefront of defending individuals accused of these complex, new-age offenses.
The 2026 Criminalization of AI-Generated Media
Under TRAIGA and associated 2025/2026 amendments to the Texas Penal Code, the “intent” of the user is now the primary focus of prosecution. New crimes include:
- Unlawful Deepfakes: Producing or distributing “sexually explicit visual material” that appears to depict a real person without their consent is now a Class A Misdemeanor for first-time offenders, with felony escalations for repeat conduct.
- Simulated Minor Depictions: Under SB 20 (effective late 2025), possessing or promoting material that appears to depict a minor—even if the image was entirely generated by AI and no real child was involved—is a serious felony offense.
- Behavioral Manipulation: TRAIGA prohibits deploying AI systems with the intentional aim of inciting criminal activity or “manipulating human behavior” to cause harm.
Defending the “Digital Accusation”
These laws are brand new, and the “grey areas” are vast. Our defense strategies often hinge on the procedural rules governing Texas criminal cases.
- The Intent Standard: The State must prove you intended to deceive or harm. If you were using AI tools for legitimate research, artistic expression, or without knowledge of the prohibited output, a defense exists.
- The “Cure” Period: In certain civil-to-criminal crossover cases, the Texas Attorney General must provide a “notice to cure” before seeking maximum penalties.
- Digital Forensics: Just because an image exists on your device doesn’t mean you “produced” it. We work with experts to trace the origin of AI-generated media to prove a lack of culpable intent.
A Resource for Professionals
If you are a mental health provider or a referring attorney, you may see an increase in clients accused of “digital voyeurism” or accidental possession of prohibited AI content. Because these charges carry the same social stigma as traditional sex crimes, immediate referral to experienced counsel is critical to prevent a permanent “sex offender” registration.
Lewis & Ashworth, PLLC 📞 214-239-8007 Confidential Consultation for Digital Crimes ↗