Texas 2025 - 89th Regular

Texas House Bill HB1717 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Shofner H.B. No. 1717
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to prosecution of certain criminal offense prohibiting
7	9		sexually explicit visual material involving children.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 43.26, Penal Code, is amended by
10	12		amending subsection (b) to read as follows:
11	13		(b) In this section:
12	14		(1) "Indistinguishable" means when used in respect to
13	15		a visual depiction, means virtually indistinguishable, in that
14	16		visual depiction is such that an ordinary person viewing the visual
15	17		depiction would conclude that the visual depiction is of an actual
16	18		minor engaged in a prohibited sexual act.
17	19		(12) "Promote" has the meaning assigned by Section
18	20		43.25.
19	21		(23) "Sexual conduct" has the meaning assigned by
20	22		Section 43.25.
21	23		(34) "Visual material" means:
22	24		(A) any film, photograph, videotape, negative,
23	25		or slide or any photographic reproduction that contains or
24	26		incorporates in any manner any film, photograph, videotape,
25	27		negative, or slide; or
26	28		(B) any disk, diskette, or other physical medium
27	29		that allows an image to be displayed on a computer or other video
28	30		screen and any image transmitted to a computer or other video screen
29	31		by telephone line, cable, satellite transmission, or other method.
30	32		SECTION 2. Section 43.26(i), Penal Code is amended to read
31	33		as follows:
32	34		(i) For purposes of conduct prohibited under this section,
33	35		visual material to which that conduct applies includes a depiction
34	36		of a child:
35	37		(1) who is recognizable as an actual person by the
36	38		person's face, likeness, or other distinguishing characteristic,
37	39		such as a unique birthmark or other recognizable feature; and or
38	40		(2) whose image as a child younger than 18 years of age
39	41		was used in creating, adapting, or modifying the visual material,
40	42		including computer-generated visual material that was created,
41	43		adapted, or modified using an artificial intelligence application
42	44		or other computer software. is indistinguishable from an actual
43	45		minor created by the use of artificial intelligence or other
44	46		computer technology capable of processing and interpreting
45	47		specific data inputs to create a visual depiction.
46	48		SECTION 3. Section 43.261, Penal Code is amended by
47	49		amending Subsection (b-1) to read as follows:
48	50		(b-1) For purposes of conduct prohibited under Subsection
49	51		(b), visual material to which that conduct applies includes a
50	52		depiction of a minor:
51	53		(1) who is recognizable as an actual person by the
52	54		person's face, likeness, or other distinguishing characteristic,
53	55		such as a unique birthmark or other recognizable feature; and or
54	56		(2) whose image as a minor was used in creating,
55	57		adapting, or modifying the visual material, including
56	58		computer-generated visual material that was created, adapted, or
57	59		modified using an artificial intelligence application or other
58	60		computer software. is indistinguishable from an actual minor
59	61		created by the use of artificial intelligence or other computer
60	62		technology capable of processing and interpreting specific data
61	63		inputs to create a visual depiction.
62	64		SECTION 4. Section 43.262, Penal Code, is amended by
63	65		amending Subsection (b-1) to read as follows:
64	66		(b-1) For purposes of conduct prohibited under Subsection
65	67		(b), visual material to which that conduct applies includes a
66	68		depiction of a child:
67	69		(1) who is recognizable as an actual person by the
68	70		person's face, likeness, or other distinguishing characteristic,
69	71		such as a unique birthmark or other recognizable feature; andor
70	72		(2) whose image as a child younger than 18 years of age
71	73		was used in creating, adapting, or modifying the visual material,
72	74		including computer-generated visual material that was created,
73	75		adapted, or modified using an artificial intelligence application
74	76		or other computer software. is indistinguishable from an actual
75	77		minor created by the use of artificial intelligence or other
76	78		computer technology capable of processing and interpreting
77	79		specific data inputs to create a visual depiction.
78	80		SECTION 5. The changes in law made by this Act apply only to
79	81		an offense committed on or after the effective date of this Act. An
80	82		offense committed before the effective date of this Act is governed
81	83		by the law in effect on the date the offense was committed, and the
82	84		former law is continued in effect for that purpose. For purposes of
83	85		this section, an offense was committed before the effective date of
84	86		this Act if any element of the offense was committed before that
85	87		date.
86	88		SECTION 6. This Act takes effect September 1, 2025.