By: Shofner H.B. No. 1717
A BILL TO BE ENTITLED
AN ACT
relating to prosecution of certain criminal offense 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
amending subsection (b) to read as follows:
(b) In this section:
(1) "Indistinguishable" means when used in respect to
a visual depiction, means virtually indistinguishable, in that
visual depiction is such that an ordinary person viewing the visual
depiction would conclude that the visual depiction is of an actual
minor engaged in a prohibited sexual act.
(12) "Promote" has the meaning assigned by Section
43.25.
(23) "Sexual conduct" has the meaning assigned by
Section 43.25.
(34) "Visual material" means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video
screen and any image transmitted to a computer or other video screen
by telephone line, cable, satellite transmission, or other method.
SECTION 2. Section 43.26(i), Penal Code is amended 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 or
(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. is indistinguishable from an actual
minor created by the use of artificial intelligence or other
computer technology capable of processing and interpreting
specific data inputs to create a visual depiction.
SECTION 3. Section 43.261, Penal Code is amended by
amending 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 or
(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. is indistinguishable from an actual minor
created by the use of artificial intelligence or other computer
technology capable of processing and interpreting specific data
inputs to create a visual depiction.
SECTION 4. Section 43.262, Penal Code, is amended by
amending 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; andor
(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. is indistinguishable from an actual
minor created by the use of artificial intelligence or other
computer technology capable of processing and interpreting
specific data inputs to create a visual depiction.
SECTION 5. 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 6. This Act takes effect September 1, 2025.