| 1 | 1 | | 89R1696 CJD-D |
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| 2 | 2 | | By: Guillen H.B. No. 207 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prosecution of certain criminal offenses |
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| 10 | 10 | | prohibiting sexually explicit visual material involving an |
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| 11 | 11 | | anatomically correct doll, mannequin, or robot that has the |
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| 12 | 12 | | features of a child. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 43.26(i), Penal Code, is amended to read |
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| 15 | 15 | | as follows: |
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| 16 | 16 | | (i) For purposes of conduct prohibited under this section, |
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| 17 | 17 | | visual material to which that conduct applies includes a depiction |
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| 18 | 18 | | of a child: |
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| 19 | 19 | | (1) who is recognizable as an actual person by the |
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| 20 | 20 | | person's face, likeness, or other distinguishing characteristic, |
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| 21 | 21 | | such as a unique birthmark or other recognizable feature; and |
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| 22 | 22 | | (2) whose image as a child younger than 18 years of age |
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| 23 | 23 | | was used in creating, adapting, or modifying the visual material, |
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| 24 | 24 | | including computer-generated visual material: |
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| 25 | 25 | | (A) that was created, adapted, or modified using |
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| 26 | 26 | | an artificial intelligence application or other computer software; |
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| 27 | 27 | | or |
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| 28 | 28 | | (B) that was printed or reproduced on an |
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| 29 | 29 | | anatomically correct doll, mannequin, or robot that has the |
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| 30 | 30 | | features of a child and that is intended to be used for sexual |
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| 31 | 31 | | stimulation or gratification. |
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| 32 | 32 | | SECTION 2. Section 43.262(b-1), Penal Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | (b-1) For purposes of conduct prohibited under Subsection |
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| 35 | 35 | | (b), visual material to which that conduct applies includes a |
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| 36 | 36 | | depiction of a child: |
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| 37 | 37 | | (1) who is recognizable as an actual person by the |
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| 38 | 38 | | person's face, likeness, or other distinguishing characteristic, |
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| 39 | 39 | | such as a unique birthmark or other recognizable feature; and |
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| 40 | 40 | | (2) whose image as a child younger than 18 years of age |
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| 41 | 41 | | was used in creating, adapting, or modifying the visual material, |
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| 42 | 42 | | including computer-generated visual material: |
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| 43 | 43 | | (A) that was created, adapted, or modified using |
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| 44 | 44 | | an artificial intelligence application or other computer software; |
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| 45 | 45 | | or |
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| 46 | 46 | | (B) that was printed or reproduced on an |
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| 47 | 47 | | anatomically correct doll, mannequin, or robot that has the |
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| 48 | 48 | | features of a child and that is intended to be used for sexual |
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| 49 | 49 | | stimulation or gratification. |
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| 50 | 50 | | SECTION 3. The changes in law made by this Act apply only to |
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| 51 | 51 | | an offense committed on or after the effective date of this Act. An |
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| 52 | 52 | | offense committed before the effective date of this Act is governed |
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| 53 | 53 | | by the law in effect on the date the offense was committed, and the |
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| 54 | 54 | | former law is continued in effect for that purpose. For purposes |
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| 55 | 55 | | of this section, an offense was committed before the effective date |
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| 56 | 56 | | of this Act if any element of the offense occurred before that date. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2025. |
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