Texas 2023 - 88th Regular

Texas House Bill HB2700 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2700
2	2
3	3
4	4	AN ACT
5	5	relating to prosecution of certain criminal offenses prohibiting
6	6	sexually explicit visual material involving children.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 43.26, Penal Code, is amended by adding
9	9	Subsection (i) to read as follows:
10	10	(i) For purposes of conduct prohibited under this section,
11	11	visual material to which that conduct applies includes a depiction
12	12	of a child:
13	13	(1) who is recognizable as an actual person by the
14	14	person's face, likeness, or other distinguishing characteristic,
15	15	such as a unique birthmark or other recognizable feature; and
16	16	(2) whose image as a child younger than 18 years of age
17	17	was used in creating, adapting, or modifying the visual material,
18	18	including computer-generated visual material that was created,
19	19	adapted, or modified using an artificial intelligence application
20	20	or other computer software.
21	21	SECTION 2. Section 43.261, Penal Code, is amended by adding
22	22	Subsection (b-1) to read as follows:
23	23	(b-1) For purposes of conduct prohibited under Subsection
24	24	(b), visual material to which that conduct applies includes a
25	25	depiction of a minor:
26	26	(1) who is recognizable as an actual person by the
27	27	person's face, likeness, or other distinguishing characteristic,
28	28	such as a unique birthmark or other recognizable feature; and
29	29	(2) whose image as a minor was used in creating,
30	30	adapting, or modifying the visual material, including
31	31	computer-generated visual material that was created, adapted, or
32	32	modified using an artificial intelligence application or other
33	33	computer software.
34	34	SECTION 3. Section 43.262, Penal Code, is amended by adding
35	35	Subsection (b-1) to read as follows:
36	36	(b-1) For purposes of conduct prohibited under Subsection
37	37	(b), visual material to which that conduct applies includes a
38	38	depiction of a child:
39	39	(1) who is recognizable as an actual person by the
40	40	person's face, likeness, or other distinguishing characteristic,
41	41	such as a unique birthmark or other recognizable feature; and
42	42	(2) whose image as a child younger than 18 years of age
43	43	was used in creating, adapting, or modifying the visual material,
44	44	including computer-generated visual material that was created,
45	45	adapted, or modified using an artificial intelligence application
46	46	or other computer software.
47	47	SECTION 4. The changes in law made by this Act apply only to
48	48	an offense committed on or after the effective date of this Act. An
49	49	offense committed before the effective date of this Act is governed
50	50	by the law in effect on the date the offense was committed, and the
51	51	former law is continued in effect for that purpose. For purposes of
52	52	this section, an offense was committed before the effective date of
53	53	this Act if any element of the offense was committed before that
54	54	date.
55	55	SECTION 5. This Act takes effect September 1, 2023.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I certify that H.B. No. 2700 was passed by the House on May 2,
59	59	2023, by the following vote: Yeas 145, Nays 1, 1 present, not
60	60	voting.
61	61	______________________________
62	62	Chief Clerk of the House
63	63	I certify that H.B. No. 2700 was passed by the Senate on May
64	64	21, 2023, by the following vote: Yeas 31, Nays 0.
65	65	______________________________
66	66	Secretary of the Senate
67	67	APPROVED: _____________________
68	68	Date
69	69	_____________________
70	70	Governor