H.B. No. 2700
AN ACT
relating to prosecution of certain criminal offenses prohibiting
sexually explicit visual material involving children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.26, Penal Code, is amended by adding
Subsection (i) to read as follows:
(i) For purposes of conduct prohibited under this section,
visual material to which that conduct applies includes a depiction
of a child:
(1) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature; and
(2) whose image as a child younger than 18 years of age
was used in creating, adapting, or modifying the visual material,
including computer-generated visual material that was created,
adapted, or modified using an artificial intelligence application
or other computer software.
SECTION 2. Section 43.261, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) For purposes of conduct prohibited under Subsection
(b), visual material to which that conduct applies includes a
depiction of a minor:
(1) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature; and
(2) whose image as a minor was used in creating,
adapting, or modifying the visual material, including
computer-generated visual material that was created, adapted, or
modified using an artificial intelligence application or other
computer software.
SECTION 3. Section 43.262, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) For purposes of conduct prohibited under Subsection
(b), visual material to which that conduct applies includes a
depiction of a child:
(1) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature; and
(2) whose image as a child younger than 18 years of age
was used in creating, adapting, or modifying the visual material,
including computer-generated visual material that was created,
adapted, or modified using an artificial intelligence application
or other computer software.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2700 was passed by the House on May 2,
2023, by the following vote: Yeas 145, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2700 was passed by the Senate on May
21, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor