Artificial intelligence has made it easier than ever to create realistic fake videos, voice recordings, and photographs—commonly called “deepfakes.” These technologies raise serious concerns in divorce, custody, business disputes, employment cases, and criminal matters.

So what happens when someone tries to use an AI-generated recording against you in court?

Can deepfakes be admitted as evidence in Texas?

The answer: Sometimes—but only under strict legal rules.

This article explains how Texas law treats AI-generated evidence, what statutes apply, and how courts evaluate authenticity.

What Is a Deepfake?

A deepfake is media created or altered using artificial intelligence to make it appear that a person said or did something they never actually did.

Common examples include:

• Fake voice recordings
• Altered surveillance footage
• Fabricated text messages
• AI-generated photos
• Synthetic video of a person speaking

These tools are increasingly appearing in:

• Divorce and custody disputes
• Business litigation
• Employment cases
• Harassment claims
• Defamation lawsuits

Texas Law Requires Evidence to Be Authenticated

Before any photo, video, audio, or document can be admitted in court, it must be authenticated.

Texas Rule of Evidence 901

Under Texas Rule of Evidence 901(a):

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”

This means:

The person offering the evidence must prove it is genuine.

With deepfakes, this becomes much harder.

How Courts Authenticate Digital Evidence

Rule 901(b): Methods of Authentication

Rule 901(b) lists acceptable methods, including:

1. Witness Testimony (Rule 901(b)(1))

A witness with personal knowledge may testify:

“Yes, I recorded that video.”

or

“Yes, that is my phone recording.”

If no reliable witness exists, the evidence becomes vulnerable.

2. Distinctive Characteristics (Rule 901(b)(4))

Courts may examine:

• Metadata
• File creation dates
• Device information
• Location data
• Unique identifiers

Deepfakes often lack reliable metadata.

3. Technical or Expert Proof (Rule 901(b)(9))

Courts may rely on:

• Digital forensic experts
• Data integrity analysis
• AI detection tools
• Hash verification

In contested cases, expert testimony is often required.

Texas Hearsay Rules Still Apply

Even if a deepfake is authenticated, it must also comply with hearsay rules.

Texas Rule of Evidence 801–802

Under Rule 802:

“Hearsay is not admissible unless a statute or rule provides otherwise.”

A fake recording repeating out-of-court statements may still be excluded as hearsay.

Authentication alone is not enough.

Courts Can Exclude Unreliable AI Evidence

Rule 403: Unfair Prejudice

Under Texas Rule of Evidence 403, courts may exclude evidence if:

“Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury.”

Deepfakes are highly misleading by nature.

Judges frequently exclude questionable digital evidence under Rule 403.

Texas Has Criminalized Certain Deepfakes

Texas has also passed laws targeting harmful AI manipulation.

Texas Penal Code § 21.165 – Unlawful Deep Fake Creation

This statute makes it a crime to create or distribute certain deepfake media without consent.

While primarily criminal, it influences civil courts by reinforcing the seriousness of manipulated media.

AI Evidence in Divorce and Family Law Cases

In family law, deepfakes can be especially dangerous.

They often appear in:

• Alleged domestic abuse recordings
• Fake threats
• Altered messages
• Custody disputes
• Parental alienation claims

Courts are increasingly skeptical of “mystery recordings” with no clear source.

Without strong authentication, these materials are likely to be excluded.

Business and Employment Disputes

In commercial cases, AI evidence appears in:

• Fake emails
• Altered financial records
• Synthetic phone calls
• Fraud allegations

Texas courts typically require:

• Server logs
• Provider records
• Forensic analysis
• Chain-of-custody proof

Without this foundation, AI-generated evidence often fails.

The Emerging Texas AI Regulatory Framework

Texas is also moving toward broader regulation of artificial intelligence systems.

Recent legislation emphasizes:

• Transparency
• Accountability
• Consumer protection
• Prevention of deceptive AI use

While much of this law is still developing, courts are becoming more cautious about automated evidence.

How to Challenge Suspected Deepfake Evidence

If you believe evidence is manipulated, your attorney may:

1. File a Motion to Exclude

Based on:

• Rule 901 (authentication)
• Rule 403 (prejudice)
• Rule 702 (expert reliability)

2. Request Forensic Discovery

Including:

• Original device data
• Cloud backups
• Server logs
• Metadata records

3. Retain a Digital Forensics Expert

Experts can analyze:

• Compression artifacts
• Frame inconsistencies
• Audio anomalies
• AI generation patterns

4. Cross-Examine the Source

Many fake recordings collapse under questioning.

Practical Takeaways for Texans

If you are involved in a legal dispute:

✅ Do not assume a video or recording is real
✅Preserve your own digital records
✅Avoid sharing unverified media
✅Seek legal advice immediately
✅Document device ownership and access

In the AI era, “seeing is believing” is no longer true.

Why This Matters for Your Case

As artificial intelligence becomes more powerful, courts are adapting.

Texas judges now expect:

• Strong technical proof
• Reliable witnesses
• Transparent data sources
• Expert testimony when needed

Unverified AI evidence is increasingly viewed with suspicion.

When to Contact a Texas Attorney

If AI-generated media is being used against you, speak with a qualified Texas attorney immediately.

Early intervention can:

• Prevent improper admission
• Preserve your rights
• Protect your reputation
• Strengthen your case

Final Thoughts

Deepfake technology has changed the legal landscape.

Under Texas law:

✔ Evidence must be authenticated
✔ Reliability is essential
✔ Courts can exclude misleading AI media
✔ Expert testimony is often required
✔ Criminal and civil rules now overlap

If someone is trying to use AI-generated evidence against you, the law provides powerful tools to fight back.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.