Sec. 255.004. TRUE SOURCE OF COMMUNICATION. (a) A person commits an offense if, with intent to injure a candidate or influence the result of an election, the person enters into a contract or other agreement to print, publish, or broadcast political advertising that purports to emanate from a source other than its true source.
(b) A person commits an offense if, with intent to injure a candidate or influence the result of an election, the person knowingly represents in a campaign communication that the communication emanates from a source other than its true source.
(c) An offense under this section is a Class A misdemeanor.
(d) A person commits an offense if the person, with intent to injure a candidate or influence the result of an election:
(1) creates a deep fake video; and
(2) causes the deep fake video to be published or distributed within 30 days of an election.
(e) In this section, "deep fake video" means a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1339 (S.B. 751), Sec. 1, eff. September 1, 2019.
Notes of Decisions
Cited in
10
cases (
9 in the last 5 years), 2003–2025 · leading case:
Doe v. State, 112 S.W.3d 532 (Tex. Crim. App. 2003).
Doe v. State, 112 S.W.3d 532 (Tex. Crim. App. 2003).
· cites it 4× “Texas Election Code § 255.004 provides that it is an offense to agree to publish a political advertisement that "purports to emanate from a source other than its true source.”
Todd Gallaher v. Denton Media Co., No. 02-21-00164-CV (Tex. App.—Fort Worth June 9, 2022).
“Tex. Elec. Code § 255.004 – 255.005. The Texas Ethics Commission is authorized by the Texas Legislature to “administer and enforce” Title 15 of the Election Code.”
Stafford, Ex parte John Morgan v. State of Texas, 726 S.W.3d 231 (Tex. Crim. App. 2024).
“” TEX. ELECTION CODE §§ 255.004(b), (c). “Campaign communication” is defined as “a written or oral communication relating to a campaign for nomination or election to public office or office of a political party or to a campaign on a measure.”
Ex parte John Morgan Stafford v. the State of Texas, No. 05-22-00396-CR (Tex. App. Sept. 5, 2024).
“” TEX. ELECTION CODE §§ 255.004(b), (c). “Campaign communication” is defined as “a written or oral communication relating to a campaign for nomination or election to public office or office of a political party or to a campaign on a measure.”
Tex. Elec. Code § 255.004(b): 6 cases
Stafford, Ex parte John Morgan v. State of Texas, 726 S.W.3d 231 (Tex. Crim. App. 2024).
“” TEX. ELECTION CODE §§ 255.004(b), (c). “Campaign communication” is defined as “a written or oral communication relating to a campaign for nomination or election to public office or office of a political party or to a campaign on a measure.”
Ex parte John Morgan Stafford v. the State of Texas, No. 05-22-00396-CR (Tex. App. Sept. 5, 2024).
“” TEX. ELECTION CODE §§ 255.004(b), (c). “Campaign communication” is defined as “a written or oral communication relating to a campaign for nomination or election to public office or office of a political party or to a campaign on a measure.”
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