Texas 2025 - 89th Regular

Texas House Bill HB4911 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5261 JRR-F
2	2	By: Fairly H.B. No. 4911
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prosecution and punishment of certain criminal offenses
10	10	prohibiting sexually explicit visual material involving depictions
11	11	of children, computer-generated children, or other persons;
12	12	creating criminal offenses; increasing criminal penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 43.26, Penal Code, is amended by
15	15	amending Subsections (a), (e), (g), and (h) and adding Subsections
16	16	(a-1), (a-2), (c-1), (c-2), (c-3), (c-4), (e-1), (f), (g-1), (h-1),
17	17	and (h-2) to read as follows:
18	18	(a) In this section:
19	19	(1) "Depiction of a child" means, with respect to an
20	20	image of a child contained in visual material:
21	21	(A) a depiction of a child who was younger than 18
22	22	years of age at the time the image of the child was made; or
23	23	(B) a depiction of a child:
24	24	(i) who is recognizable as an actual person
25	25	by the person's face, likeness, or other distinguishing
26	26	characteristic, such as a unique birthmark or other recognizable
27	27	feature; and
28	28	(ii) whose image as a child younger than 18
29	29	years of age was used in creating, adapting, or modifying the visual
30	30	material, including computer-generated visual material that was
31	31	created, adapted, or modified using an artificial intelligence
32	32	application or other computer software.
33	33	(2) "Depiction of a computer-generated child" means,
34	34	with respect to an image of a child contained in visual material, a
35	35	depiction:
36	36	(A) appearing to be a child younger than 18 years
37	37	of age;
38	38	(B) created using an artificial intelligence
39	39	application or other computer software; and
40	40	(C) that to a reasonable person is virtually
41	41	indistinguishable from an actual child younger than 18 years of
42	42	age.
43	43	(3) "Promote" and "sexual conduct" have the meanings
44	44	assigned by Section 43.25.
45	45	(4) "School library" means a library of a public or
46	46	private primary or secondary school.
47	47	(5) "Visual material" means:
48	48	(A) any film, photograph, videotape, negative,
49	49	or slide or any photographic reproduction that contains or
50	50	incorporates in any manner any film, photograph, videotape,
51	51	negative, or slide; or
52	52	(B) any disk, diskette, or other physical medium,
53	53	or a file in any digital format, that allows an image to be
54	54	displayed on a computer or other video screen and any image
55	55	transmitted to a computer or other video screen by telephone line,
56	56	cable, satellite transmission, or other method.
57	57	(a-1) A person commits an offense if:
58	58	(1) the person intentionally or knowingly [or
59	59	intentionally] possesses, or [knowingly or] intentionally or
60	60	knowingly accesses with intent to view, visual material that
61	61	contains a visual depiction of [visually depicts] a child [younger
62	62	than 18 years of age at the time the image of the child was made who
63	63	is] engaging in sexual conduct, including a depiction of a child
64	64	engaging [who engages] in sexual conduct as a victim of an offense
65	65	under Section 20A.02(a)(5), (6), (7), or (8); and
66	66	(2) the person knows or should have known that the
67	67	depiction [material depicts the child as] described by Subdivision
68	68	(1) is of a child younger than 18 years of age at the time the image
69	69	of the child was made.
70	70	(a-2) A person commits an offense if the person:
71	71	(1) intentionally or knowingly possesses, or
72	72	intentionally or knowingly accesses with intent to view, visual
73	73	material that contains a visual depiction of a computer-generated
74	74	child engaging in sexual conduct; and
75	75	(2) either:
76	76	(A) knows or should have known that the depiction
77	77	described by Subdivision (1) appears to be of a child younger than
78	78	18 years of age; or
79	79	(B) believes that the depiction is of an actual
80	80	child younger than 18 years of age at the time the image of the child
81	81	was made.
82	82	(c-1) An offense under Subsection (a-1) is a felony of the
83	83	third degree, except that the offense is:
84	84	(1) a felony of the second degree if it is shown on the
85	85	trial of the offense that the actor:
86	86	(A) has been previously convicted one time of an
87	87	offense:
88	88	(i) under this chapter; or
89	89	(ii) described by Article 62.001(5), Code
90	90	of Criminal Procedure; or
91	91	(B) possesses visual material that contains 10 or
92	92	more visual depictions of a child engaging in sexual conduct as
93	93	described by Subsection (a-1)(1) but fewer than 50 such depictions;
94	94	(2) a felony of the first degree if it is shown on the
95	95	trial of the offense that the actor:
96	96	(A) has been previously convicted two or more
97	97	times of an offense, or any combination of offenses:
98	98	(i) under this chapter; or
99	99	(ii) described by Article 62.001(5), Code
100	100	of Criminal Procedure; or
101	101	(B) possesses visual material that contains:
102	102	(i) 50 or more visual depictions of a child
103	103	engaging in sexual conduct as described by Subsection (a-1)(1); or
104	104	(ii) a videotape or film that visually
105	105	depicts conduct constituting an offense under Section
106	106	22.011(a)(2); or
107	107	(3) a felony of the first degree punishable by
108	108	imprisonment in the Texas Department of Criminal Justice for life
109	109	or for any term of not more than 99 years or less than 25 years if it
110	110	is shown on the trial of the offense that:
111	111	(A) at the time of the offense, the actor was:
112	112	(i) an employee at a child-care facility or
113	113	a residential child-care facility, as those terms are defined by
114	114	Section 42.002, Human Resources Code;
115	115	(ii) an employee at a residential treatment
116	116	facility established under Section 221.056, Human Resources Code;
117	117	(iii) an employee at a shelter or facility
118	118	that serves youth and that receives state funds; or
119	119	(iv) receiving state funds for the care of a
120	120	child depicted by the visual material; or
121	121	(B) the actor displayed the visual material or
122	122	caused the visual material to be displayed in a school library.
123	123	(c-2) If it is shown on the trial of an offense under
124	124	Subsection (a-1) that the visual material contained a depiction of
125	125	a child younger than 10 years of age at the time the image of the
126	126	child was made engaging in sexual conduct as described by Section
127	127	(a-1)(1):
128	128	(1) an offense punishable under Subsection (c-1) as a
129	129	felony of the second or third degree is increased to the next higher
130	130	category of offense; or
131	131	(2) the minimum term of confinement for an offense
132	132	described for purposes of punishment by Subsection (c-1)(2) is
133	133	increased to 15 years.
134	134	(c-3) An offense under Subsection (a-2) is a state jail
135	135	felony, except that the offense is:
136	136	(1) a felony of the third degree if it is shown on the
137	137	trial of the offense that the actor:
138	138	(A) has been previously convicted one time of an
139	139	offense:
140	140	(i) under this chapter; or
141	141	(ii) described by Article 62.001(5), Code
142	142	of Criminal Procedure; or
143	143	(B) possesses visual material that contains 10 or
144	144	more visual depictions of a computer-generated child engaging in
145	145	sexual conduct as described by Subsection (a-2)(1) but fewer than
146	146	50 such depictions;
147	147	(2) a felony of the second degree if it is shown on the
148	148	trial of the offense that the actor:
149	149	(A) has been previously convicted two or more
150	150	times of an offense, or any combination of offenses:
151	151	(i) under this chapter; or
152	152	(ii) described by Article 62.001(5), Code
153	153	of Criminal Procedure; or
154	154	(B) possesses visual material that contains 50 or
155	155	more visual depictions of a computer-generated child engaging in
156	156	sexual conduct as described by Subsection (a-2)(1); or
157	157	(3) a felony of the second degree with a minimum term
158	158	of imprisonment of 10 years if it is shown on the trial of the
159	159	offense that:
160	160	(A) at the time of the offense, the actor was an
161	161	employee described by Subsection (c-1)(3)(A)(i), (ii), or (iii); or
162	162	(B) the actor displayed the visual material or
163	163	caused the visual material to be displayed in a school library.
164	164	(c-4) If it is shown on the trial of an offense under
165	165	Subsection (a-2) that the visual material contained a depiction of
166	166	a computer-generated child who appears to be younger than 10 years
167	167	of age and is engaging in sexual conduct as described by Subsection
168	168	(a-2)(1), the punishment for the offense is increased to the
169	169	punishment for the next higher category of offense, provided that
170	170	the minimum term of imprisonment for an offense described for
171	171	purposes of punishment by Subsection (c-3)(3) is 10 years.
172	172	(e) A person commits an offense if:
173	173	(1) the person intentionally or knowingly [or
174	174	intentionally] promotes or possesses with intent to promote visual
175	175	material described by Subsection (a-1)(1) [(a)(1)]; and
176	176	(2) the person knows or should have known that the
177	177	depiction [material depicts the child as] described by Subsection
178	178	(a-1)(1) is of a child younger than 18 years of age at the time the
179	179	image of the child was made [(a)(1)].
180	180	(e-1) A person commits an offense if the person:
181	181	(1) intentionally or knowingly promotes or possesses
182	182	with intent to promote visual material described by Subsection
183	183	(a-2)(1); and
184	184	(2) either:
185	185	(A) knows or should have known that the depiction
186	186	described by Subsection (a-2)(1) appears to be of a child younger
187	187	than 18 years of age; or
188	188	(B) believes that the depiction is of an actual
189	189	child younger than 18 years of age at the time the image of the child
190	190	was made.
191	191	(f) In the prosecution of an offense under Subsection (a-1)
192	192	or (e):
193	193	(1) the state is not required to prove the identity of
194	194	the child in the depiction described by Subsection (a-1)(1); and
195	195	(2) there is a rebuttable presumption that the
196	196	depiction is of an actual child, as described by Subsection
197	197	(a)(1)(A) or (B), and not of a computer-generated child, as
198	198	described by Subsection (a)(2).
199	199	(g) An offense under Subsection (e) is a felony of the
200	200	second degree, except that the offense is:
201	201	(1) a felony of the first degree if it is shown on the
202	202	trial of the offense that the actor:
203	203	(A) [person] has been previously convicted one or
204	204	more times of an offense:
205	205	(i) under this chapter; or
206	206	(ii) described by Article 62.001(5), Code
207	207	of Criminal Procedure;
208	208	(B) promotes or possesses with intent to promote
209	209	visual material that contains 10 or more visual depictions of a
210	210	child engaging in sexual conduct as described by Subsection
211	211	(a-1)(1) but fewer than 50 such depictions; or
212	212	(C) promotes or possesses with intent to promote
213	213	visual material that contains one or more visual depictions of a
214	214	child who appears to be younger than 10 years of age and is engaging
215	215	in sexual conduct as described by Subsection (a-1)(1); or
216	216	(2) a felony of the first degree with a minimum term of
217	217	imprisonment of 15 years if it is shown on the trial of the offense
218	218	that the actor promotes or possesses with intent to promote visual
219	219	material that contains:
220	220	(A) 50 or more visual depictions of a child
221	221	engaging in sexual conduct as described by Subsection (a-1)(1); or
222	222	(B) a videotape or film that visually depicts
223	223	conduct constituting an offense under Section 22.011(a)(2) with
224	224	respect to a depiction of a child [that subsection].
225	225	(g-1) An offense under Subsection (e-1) is a felony of the
226	226	third degree, except that the offense is:
227	227	(1) a felony of the second degree if it is shown on the
228	228	trial of the offense that the person:
229	229	(A) has been previously convicted one or more
230	230	times of an offense:
231	231	(i) under this chapter; or
232	232	(ii) described by Article 62.001(5), Code
233	233	of Criminal Procedure;
234	234	(B) promotes or possesses with intent to promote
235	235	visual material that contains 10 or more visual depictions of a
236	236	computer-generated child engaging in sexual conduct as described by
237	237	Subsection (a-2)(1); or
238	238	(C) promotes or possesses with intent to promote
239	239	visual material that contains one or more visual depictions of a
240	240	computer-generated child who appears to be younger than 10 years of
241	241	age and is engaging in sexual conduct as described by Subsection
242	242	(a-2)(1); or
243	243	(2) a felony of the second degree with a minimum term
244	244	of imprisonment of 10 years if it is shown on the trial of the
245	245	offense that the person promotes or possesses with intent to
246	246	promote visual material that contains 50 or more visual depictions
247	247	of a computer-generated child engaging in sexual conduct as
248	248	described by Subsection (a-2)(1).
249	249	(h) It is a defense to prosecution under this section
250	250	[Subsection (a) or (e)] that the actor is a law enforcement officer
251	251	or a school administrator who:
252	252	(1) possessed or accessed the visual material in good
253	253	faith solely as a result of an allegation of a violation of Section
254	254	43.261;
255	255	(2) allowed other law enforcement or school
256	256	administrative personnel to possess or access the material only as
257	257	appropriate based on the allegation described by Subdivision (1);
258	258	and
259	259	(3) took reasonable steps to destroy the material
260	260	within an appropriate period following the allegation described by
261	261	Subdivision (1).
262	262	(h-1) It is an affirmative defense to prosecution under this
263	263	section that the conduct was for a bona fide educational, medical,
264	264	psychological, psychiatric, judicial, law enforcement, or
265	265	legislative purpose.
266	266	(h-2) It is an affirmative defense to prosecution under
267	267	Subsection (a-2) or (e-1) that the actor is not more than two years
268	268	older than the depicted child.
269	269	SECTION 2. Article 38.45(a), Code of Criminal Procedure, is
270	270	amended to read as follows:
271	271	(a) During the course of a criminal hearing or proceeding,
272	272	the court may not make available or allow to be made available for
273	273	copying or dissemination to the public property or material:
274	274	(1) that constitutes child pornography, as described
275	275	by Section 43.26(a-1)(1) or (a-2)(2) [43.26(a)(1)], Penal Code;
276	276	(2) the promotion or possession of which is prohibited
277	277	under Section 43.261, Penal Code; or
278	278	(3) that is described by Section 2 or 5, Article
279	279	38.071, of this code.
280	280	SECTION 3. Article 39.15(a), Code of Criminal Procedure, is
281	281	amended to read as follows:
282	282	(a) In the manner provided by this article, a court shall
283	283	allow discovery under Article 39.14 of property or material:
284	284	(1) that constitutes child pornography, as described
285	285	by Section 43.26(a-1)(1) or (a-2)(2) [43.26(a)(1)], Penal Code;
286	286	(2) the promotion or possession of which is prohibited
287	287	under Section 43.261, Penal Code; or
288	288	(3) that is described by Section 2 or 5, Article
289	289	38.071, of this code.
290	290	SECTION 4. Section 21.16(a)(5), Penal Code, is amended to
291	291	read as follows:
292	292	(5) "Visual material" means:
293	293	(A) any film, photograph, videotape, negative,
294	294	or slide or any photographic reproduction that contains or
295	295	incorporates in any manner any film, photograph, videotape,
296	296	negative, or slide; or
297	297	(B) any disk, diskette, or other physical medium,
298	298	or a file in any digital format, that allows an image to be
299	299	displayed on a computer or other video screen and any image
300	300	transmitted to a computer or other video screen by telephone line,
301	301	cable, satellite transmission, or other method.
302	302	SECTION 5. Section 43.261(b-1), Penal Code, is amended to
303	303	read as follows:
304	304	(b-1) For purposes of conduct prohibited under Subsection
305	305	(b), visual material to which that conduct applies includes:
306	306	(1) a depiction of a minor:
307	307	(A) [(1)] who is recognizable as an actual person
308	308	by the person's face, likeness, or other distinguishing
309	309	characteristic, such as a unique birthmark or other recognizable
310	310	feature; and
311	311	(B) [(2)] whose image as a minor was used in
312	312	creating, adapting, or modifying the visual material, including
313	313	computer-generated visual material that was created, adapted, or
314	314	modified using an artificial intelligence application or other
315	315	computer software; or
316	316	(2) a depiction of a minor, created using an
317	317	artificial intelligence application or other computer software,
318	318	that to a reasonable person is virtually indistinguishable from an
319	319	actual minor.
320	320	SECTION 6. Section 43.262(b-1), Penal Code, is amended to
321	321	read as follows:
322	322	(b-1) For purposes of conduct prohibited under Subsection
323	323	(b), visual material to which that conduct applies includes:
324	324	(1) a depiction of a child:
325	325	(A) [(1)] who is recognizable as an actual person
326	326	by the person's face, likeness, or other distinguishing
327	327	characteristic, such as a unique birthmark or other recognizable
328	328	feature; and
329	329	(B) [(2)] whose image as a child younger than 18
330	330	years of age was used in creating, adapting, or modifying the visual
331	331	material, including computer-generated visual material that was
332	332	created, adapted, or modified using an artificial intelligence
333	333	application or other computer software; or
334	334	(2) a depiction of a child, created using an
335	335	artificial intelligence application or other computer software,
336	336	that to a reasonable person is virtually indistinguishable from an
337	337	actual child younger than 18 years of age.
338	338	SECTION 7. The following provisions of the Penal Code are
339	339	repealed:
340	340	(1) Sections 43.26(b), (c), (d), (d-2), and (i);
341	341	(2) Section 43.26(d-1), as added by Chapter 93 (S.B.
342	342	1527), Acts of the 88th Legislature, Regular Session, 2023; and
343	343	(3) Section 43.26(d-1), Penal Code, as added by
344	344	Chapter 1041 (S.B. 129), Acts of the 88th Legislature, Regular
345	345	Session, 2023.
346	346	SECTION 8. The changes in law made by this Act apply only to
347	347	an offense committed on or after the effective date of this Act. An
348	348	offense committed before the effective date of this Act is governed
349	349	by the law in effect on the date the offense was committed, and the
350	350	former law is continued in effect for that purpose. For purposes
351	351	of this section, an offense was committed before the effective date
352	352	of this Act if any element of the offense was committed before that
353	353	date.
354	354	SECTION 9. This Act takes effect September 1, 2025.