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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution and punishment of certain criminal offenses |
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prohibiting sexually explicit visual material involving children |
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or other persons; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.16(a)(5), Penal Code, is amended to |
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read as follows: |
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(5) "Visual material" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium, |
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or a file in any digital format, that allows an image to be |
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displayed on a computer or other video screen and any image |
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transmitted to a computer or other video screen by telephone line, |
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cable, satellite transmission, or other method. |
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SECTION 2. Section 43.26(b)(3), Penal Code, is amended to |
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read as follows: |
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(3) "Visual material" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium, |
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or a file in any digital format, that allows an image to be |
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displayed on a computer or other video screen and any image |
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transmitted to a computer or other video screen by telephone line, |
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cable, satellite transmission, or other method. |
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SECTION 3. Section 43.26(d), Penal Code, as amended by |
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Chapters 93 (S.B. 1527) and 1041 (S.B. 129), Acts of the 88th |
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Legislature, Regular Session, 2023, is reenacted and amended to |
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read as follows: |
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(d) An offense under Subsection (a) is[: |
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[(1)] a felony of the third degree [if the person |
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possesses visual material that contains fewer than 100 visual |
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depictions of a child as described by Subsection (a)(1); |
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[(2)], except that the offense is: |
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(1) a felony of the second degree if: |
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(A) it is shown on the trial of the offense that |
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the person [possesses visual material that contains 100 or more |
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visual depictions of a child as described by Subsection (a)(1) but |
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fewer than 500 such depictions] has been previously convicted one |
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time of an offense under that subsection; or |
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(B) the person possesses visual material that |
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contains 10 or more visual depictions of a child as described by |
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Subsection (a)(1) but fewer than 50 such depictions; |
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(2) [(3)] a felony of the first degree if: |
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(A) it is shown on the trial of the offense that |
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the person [possesses visual material that contains 500 or more |
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visual depictions of a child as described by Subsection (a)(1)] has |
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been previously convicted two or more times of an offense under that |
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subsection; or |
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(B) the person possesses visual material that |
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contains: |
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(i) 50 or more visual depictions of a child |
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as described by Subsection (a)(1); or |
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(ii) a videotape or film that visually |
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depicts conduct constituting an offense under Section |
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22.011(a)(2); or |
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(3) [(4)] a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for any term of not more than 99 years or less than 25 years if it |
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is shown on the trial of the offense that, at the time of the |
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offense, the person was: |
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(A) an employee at a child-care facility or a |
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residential child-care facility, as those terms are defined by |
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Section 42.002, Human Resources Code; |
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(B) an employee at a residential treatment |
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facility established under Section 221.056, Human Resources Code; |
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(C) an employee at a shelter or facility that |
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serves youth and that receives state funds; or |
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(D) receiving state funds for the care of a child |
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depicted by the visual material. |
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SECTION 4. Section 43.26(d-1), Penal Code, as added by |
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Chapter 1041 (S.B. 129), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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(d-1) If it is shown on the trial of an offense under |
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Subsection (a) that the visual material depicted a child younger |
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than 10 years of age at the time the image of the child was made [or |
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that the defendant has been previously convicted of an offense |
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under that subsection]: |
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(1) an offense described for purposes of punishment by |
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Subsection (d) as a felony of the second or third degree [(d)(1) or |
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(2)] is increased to the next higher category of offense; or |
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(2) the minimum term of confinement for an offense |
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described for purposes of punishment by Subsection (d)(2) [(d)(3)] |
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is increased to 15 years. |
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SECTION 5. Sections 43.26(g) and (i), Penal Code, are |
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amended to read as follows: |
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(g) An offense under Subsection (e) is a felony of the |
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second degree, except that the offense is: |
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(1) a felony of the first degree if the person promotes |
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or possesses with intent to promote visual material that contains |
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10 or more visual depictions of a child as described by Subsection |
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(a)(1) but fewer than 50 such depictions; or |
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(2) a felony of the first degree with a minimum term of |
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confinement of 15 years if: |
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(A) it is shown on the trial of the offense that |
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the person has been previously convicted of an offense under |
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Subsection (e); or |
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(B) the person promotes or possesses with intent |
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to promote visual material that contains: |
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(i) 50 or more visual depictions of a child |
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as described by Subsection (a)(1); or |
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(ii) a videotape or film that visually |
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depicts conduct constituting an offense under Section 22.011(a)(2) |
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[that subsection]. |
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(i) For purposes of conduct prohibited under this section, |
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visual material to which that conduct applies includes: |
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(1) a depiction of a child: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a child younger than 18 |
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years of age was used in creating, adapting, or modifying the visual |
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material, including computer-generated visual material that was |
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created, adapted, or modified using an artificial intelligence |
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application or other computer software; or |
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(2) a depiction of a child, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual child younger than 18 years of age. |
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SECTION 6. Section 43.261(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes: |
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(1) a depiction of a minor: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a minor was used in |
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creating, adapting, or modifying the visual material, including |
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computer-generated visual material that was created, adapted, or |
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modified using an artificial intelligence application or other |
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computer software; or |
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(2) a depiction of a minor, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual minor. |
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SECTION 7. Section 43.262(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes: |
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(1) a depiction of a child: |
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(A) [(1)] who is recognizable as an actual person |
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by the person's face, likeness, or other distinguishing |
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characteristic, such as a unique birthmark or other recognizable |
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feature; and |
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(B) [(2)] whose image as a child younger than 18 |
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years of age was used in creating, adapting, or modifying the visual |
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material, including computer-generated visual material that was |
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created, adapted, or modified using an artificial intelligence |
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application or other computer software; or |
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(2) a depiction of a child, created using an |
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artificial intelligence application or other computer software, |
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that to a reasonable person is virtually indistinguishable from an |
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actual child younger than 18 years of age. |
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SECTION 8. The following provisions of the Penal Code are |
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repealed: |
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(1) Section 43.26(d-1), as added by Chapter 93 (S.B. |
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1527), Acts of the 88th Legislature, Regular Session, 2023; and |
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(2) Section 43.26(d-2). |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 10. This Act takes effect September 1, 2025. |