Texas 2025 - 89th Regular

Texas Senate Bill SB1621 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman, et al. S.B. No. 1621
2		-
3		-
	2	+	(In the Senate - Filed February 25, 2025; February 28, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 6, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 6, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to prosecution and punishment of certain criminal offenses
9	12		prohibiting sexually explicit visual material involving depictions
10	13		of children, computer-generated children, or other persons;
11	14		creating criminal offenses; increasing criminal penalties.
12	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	16		SECTION 1. Section 43.26, Penal Code, is amended by
14	17		amending Subsections (a), (e), (g), and (h) and adding Subsections
15	18		(a-1), (a-2), (c-1), (c-2), (c-3), (c-4), (e-1), (f), (g-1), (h-1),
16	19		and (h-2) to read as follows:
17	20		(a) In this section:
18	21		(1) "Depiction of a child" means, with respect to an
19	22		image of a child contained in visual material:
20	23		(A) a depiction of a child who was younger than 18
21	24		years of age at the time the image of the child was made; or
22	25		(B) a depiction of a child:
23	26		(i) who is recognizable as an actual person
24	27		by the person's face, likeness, or other distinguishing
25	28		characteristic, such as a unique birthmark or other recognizable
26	29		feature; and
27	30		(ii) whose image as a child younger than 18
28	31		years of age was used in creating, adapting, or modifying the visual
29	32		material, including computer-generated visual material that was
30	33		created, adapted, or modified using an artificial intelligence
31	34		application or other computer software.
32	35		(2) "Depiction of a computer-generated child" means,
33	36		with respect to an image of a child contained in visual material, a
34	37		depiction:
35	38		(A) appearing to be a child younger than 18 years
36	39		of age;
37	40		(B) created using an artificial intelligence
38	41		application or other computer software; and
39	42		(C) that to a reasonable person is virtually
40	43		indistinguishable from an actual child younger than 18 years of
41	44		age.
42	45		(3) "Promote" and "sexual conduct" have the meanings
43	46		assigned by Section 43.25.
44	47		(4) "School library" means a library of a public or
45	48		private primary or secondary school.
46	49		(5) "Visual material" means:
47	50		(A) any film, photograph, videotape, negative,
48	51		or slide or any photographic reproduction that contains or
49	52		incorporates in any manner any film, photograph, videotape,
50	53		negative, or slide; or
51	54		(B) any disk, diskette, or other physical medium,
52	55		or a file in any digital format, that allows an image to be
53	56		displayed on a computer or other video screen and any image
54	57		transmitted to a computer or other video screen by telephone line,
55	58		cable, satellite transmission, or other method.
56	59		(a-1) A person commits an offense if:
57	60		(1) the person intentionally or knowingly [or
58	61		intentionally] possesses, or [knowingly or] intentionally or
59	62		knowingly accesses with intent to view, visual material that
60	63		contains a visual depiction of [visually depicts] a child [younger
61	64		than 18 years of age at the time the image of the child was made who
62	65		is] engaging in sexual conduct, including a depiction of a child
63	66		engaging [who engages] in sexual conduct as a victim of an offense
64	67		under Section 20A.02(a)(5), (6), (7), or (8); and
65	68		(2) the person knows or should have known that the
66	69		depiction [material depicts the child as] described by Subdivision
67	70		(1) is of a child younger than 18 years of age at the time the image
68	71		of the child was made.
69	72		(a-2) A person commits an offense if the person:
70	73		(1) intentionally or knowingly possesses, or
71	74		intentionally or knowingly accesses with intent to view, visual
72	75		material that contains a visual depiction of a computer-generated
73	76		child engaging in sexual conduct; and
74	77		(2) either:
75	78		(A) knows or should have known that the depiction
76	79		described by Subdivision (1) appears to be of a child younger than
77	80		18 years of age; or
78	81		(B) believes that the depiction is of an actual
79	82		child younger than 18 years of age at the time the image of the child
80	83		was made.
81	84		(c-1) An offense under Subsection (a-1) is a felony of the
82	85		third degree, except that the offense is:
83	86		(1) a felony of the second degree if it is shown on the
84	87		trial of the offense that the actor:
85	88		(A) has been previously convicted one time of an
86	89		offense:
87	90		(i) under this chapter; or
88	91		(ii) described by Article 62.001(5), Code
89	92		of Criminal Procedure; or
90	93		(B) possesses visual material that contains 10 or
91	94		more visual depictions of a child engaging in sexual conduct as
92	95		described by Subsection (a-1)(1) but fewer than 50 such depictions;
93	96		(2) a felony of the first degree if it is shown on the
94	97		trial of the offense that the actor:
95	98		(A) has been previously convicted two or more
96	99		times of an offense, or any combination of offenses:
97	100		(i) under this chapter; or
98	101		(ii) described by Article 62.001(5), Code
99	102		of Criminal Procedure; or
100		-	(B) possesses visual material that:
101		-	(i) ~~contains~~ 50 or more visual depictions
102		-	~~of a child~~ engaging in sexual conduct as described by Subsection
103		-	(a~~-1)(1);~~ or
104		-	~~(ii) visually~~ depicts conduct constituting
105		-	~~an offense under Section~~ 22.011(a)(2); or
	103	+	(B) possesses visual material that contains:
	104	+	(i) 50 or more visual depictions of a child
	105	+	engaging in sexual conduct as described by Subsection (a-1)(1); or
	106	+	(ii) a videotape or film that visually
	107	+	depicts conduct constituting an offense under Section
	108	+	22.011(a)(2); or
106	109		(3) a felony of the first degree punishable by
107	110		imprisonment in the Texas Department of Criminal Justice for life
108	111		or for any term of not more than 99 years or less than 25 years if it
109	112		is shown on the trial of the offense that:
110	113		(A) at the time of the offense, the actor was:
111	114		(i) an employee at a child-care facility or
112	115		a residential child-care facility, as those terms are defined by
113	116		Section 42.002, Human Resources Code;
114	117		(ii) an employee at a residential treatment
115	118		facility established under Section 221.056, Human Resources Code;
116	119		(iii) an employee at a shelter or facility
117	120		that serves youth and that receives state funds; or
118	121		(iv) receiving state funds for the care of a
119	122		child depicted by the visual material; or
120	123		(B) the actor displayed the visual material or
121	124		caused the visual material to be displayed in a school library.
122	125		(c-2) If it is shown on the trial of an offense under
123	126		Subsection (a-1) that the visual material contained a depiction of
124	127		a child younger than 10 years of age at the time the image of the
125	128		child was made engaging in sexual conduct as described by Section
126	129		(a-1)(1):
127	130		(1) an offense punishable under Subsection (c-1) as a
128	131		felony of the second or third degree is increased to the next higher
129	132		category of offense; or
130		-	(2) the minimum term of ~~imprisonment~~ for an offense
	133	+	(2) the minimum term of confinement for an offense
131	134		described for purposes of punishment by Subsection (c-1)(2) is
132	135		increased to 15 years.
133	136		(c-3) An offense under Subsection (a-2) is a state jail
134	137		felony, except that the offense is:
135	138		(1) a felony of the third degree if it is shown on the
136	139		trial of the offense that the actor:
137	140		(A) has been previously convicted one time of an
138	141		offense:
139	142		(i) under this chapter; or
140	143		(ii) described by Article 62.001(5), Code
141	144		of Criminal Procedure; or
142	145		(B) possesses visual material that contains 10 or
143	146		more visual depictions of a computer-generated child engaging in
144	147		sexual conduct as described by Subsection (a-2)(1) but fewer than
145	148		50 such depictions;
146	149		(2) a felony of the second degree if it is shown on the
147	150		trial of the offense that the actor:
148	151		(A) has been previously convicted two or more
149	152		times of an offense, or any combination of offenses:
150	153		(i) under this chapter; or
151	154		(ii) described by Article 62.001(5), Code
152	155		of Criminal Procedure; or
153	156		(B) possesses visual material that contains 50 or
154	157		more visual depictions of a computer-generated child engaging in
155	158		sexual conduct as described by Subsection (a-2)(1); or
156	159		(3) a felony of the second degree with a minimum term
157	160		of imprisonment of 10 years if it is shown on the trial of the
158	161		offense that:
159	162		(A) at the time of the offense, the actor was an
160	163		employee described by Subsection (c-1)(3)(A)(i), (ii), or (iii); or
161	164		(B) the actor displayed the visual material or
162	165		caused the visual material to be displayed in a school library.
163	166		(c-4) If it is shown on the trial of an offense under
164	167		Subsection (a-2) that the visual material contained a depiction of
165	168		a computer-generated child who appears to be younger than 10 years
166	169		of age and is engaging in sexual conduct as described by Subsection
167	170		(a-2)(1), the punishment for the offense is increased to the
168	171		punishment for the next higher category of offense, provided that
169	172		the minimum term of imprisonment for an offense described for
170	173		purposes of punishment by Subsection (c-3)(3) is 10 years.
171	174		(e) A person commits an offense if:
172	175		(1) the person intentionally or knowingly [or
173	176		intentionally] promotes or possesses with intent to promote visual
174	177		material described by Subsection (a-1)(1) [(a)(1)]; and
175	178		(2) the person knows or should have known that the
176	179		depiction [material depicts the child as] described by Subsection
177	180		(a-1)(1) is of a child younger than 18 years of age at the time the
178	181		image of the child was made [(a)(1)].
179	182		(e-1) A person commits an offense if the person:
180	183		(1) intentionally or knowingly promotes or possesses
181	184		with intent to promote visual material described by Subsection
182	185		(a-2)(1); and
183	186		(2) either:
184	187		(A) knows or should have known that the depiction
185	188		described by Subsection (a-2)(1) appears to be of a child younger
186	189		than 18 years of age; or
187	190		(B) believes that the depiction is of an actual
188	191		child younger than 18 years of age at the time the image of the child
189	192		was made.
190	193		(f) In the prosecution of an offense under Subsection (a-1)
191	194		or (e):
192	195		(1) the state is not required to prove the identity of
193	196		the child in the depiction described by Subsection (a-1)(1); and
194	197		(2) there is a rebuttable presumption that the
195	198		depiction is of an actual child, as described by Subsection
196	199		(a)(1)(A) or (B), and not of a computer-generated child, as
197	200		described by Subsection (a)(2).
198	201		(g) An offense under Subsection (e) is a felony of the
199	202		second degree, except that the offense is:
200	203		(1) a felony of the first degree if it is shown on the
201	204		trial of the offense that the actor:
202	205		(A) [person] has been previously convicted one or
203	206		more times of an offense:
204	207		(i) under this chapter; or
205	208		(ii) described by Article 62.001(5), Code
206	209		of Criminal Procedure;
207	210		(B) promotes or possesses with intent to promote
208	211		visual material that contains 10 or more visual depictions of a
209	212		child engaging in sexual conduct as described by Subsection
210	213		(a-1)(1) but fewer than 50 such depictions; or
211	214		(C) promotes or possesses with intent to promote
212	215		visual material that contains one or more visual depictions of a
213	216		child who appears to be younger than 10 years of age and is engaging
214	217		in sexual conduct as described by Subsection (a-1)(1); or
215	218		(2) a felony of the first degree with a minimum term of
216	219		imprisonment of 15 years if it is shown on the trial of the offense
217	220		that the actor promotes or possesses with intent to promote visual
218	221		material that contains:
219	222		(A) 50 or more visual depictions of a child
220	223		engaging in sexual conduct as described by Subsection (a-1)(1); or
221	224		(B) a videotape or film that visually depicts
222	225		conduct constituting an offense under Section 22.011(a)(2) with
223	226		respect to a depiction of a child [that subsection].
224	227		(g-1) An offense under Subsection (e-1) is a felony of the
225	228		third degree, except that the offense is:
226	229		(1) a felony of the second degree if it is shown on the
227	230		trial of the offense that the person:
228	231		(A) has been previously convicted one or more
229	232		times of an offense:
230	233		(i) under this chapter; or
231	234		(ii) described by Article 62.001(5), Code
232	235		of Criminal Procedure;
233	236		(B) promotes or possesses with intent to promote
234	237		visual material that contains 10 or more visual depictions of a
235	238		computer-generated child engaging in sexual conduct as described by
236	239		Subsection (a-2)(1); or
237	240		(C) promotes or possesses with intent to promote
238	241		visual material that contains one or more visual depictions of a
239	242		computer-generated child who appears to be younger than 10 years of
240	243		age and is engaging in sexual conduct as described by Subsection
241	244		(a-2)(1); or
242	245		(2) a felony of the second degree with a minimum term
243	246		of imprisonment of 10 years if it is shown on the trial of the
244	247		offense that the person promotes or possesses with intent to
245	248		promote visual material that contains 50 or more visual depictions
246	249		of a computer-generated child engaging in sexual conduct as
247	250		described by Subsection (a-2)(1).
248	251		(h) It is a defense to prosecution under this section
249	252		[Subsection (a) or (e)] that the actor is a law enforcement officer
250	253		or a school administrator who:
251	254		(1) possessed or accessed the visual material in good
252	255		faith solely as a result of an allegation of a violation of Section
253	256		43.261;
254	257		(2) allowed other law enforcement or school
255	258		administrative personnel to possess or access the material only as
256	259		appropriate based on the allegation described by Subdivision (1);
257	260		and
258	261		(3) took reasonable steps to destroy the material
259	262		within an appropriate period following the allegation described by
260	263		Subdivision (1).
261	264		(h-1) It is an affirmative defense to prosecution under this
262	265		section that the conduct was for a bona fide educational, medical,
263	266		psychological, psychiatric, judicial, law enforcement, or
264	267		legislative purpose.
265	268		(h-2) It is an affirmative defense to prosecution under
266	269		Subsection (a-2) or (e-1) that the actor is not more than two years
267	270		older than the depicted child.
268	271		SECTION 2. Article 38.45(a), Code of Criminal Procedure, is
269	272		amended to read as follows:
270	273		(a) During the course of a criminal hearing or proceeding,
271	274		the court may not make available or allow to be made available for
272	275		copying or dissemination to the public property or material:
273	276		(1) that constitutes child pornography, as described
274	277		by Section 43.26(a-1)(1) or (a-2)(2) [43.26(a)(1)], Penal Code;
275	278		(2) the promotion or possession of which is prohibited
276	279		under Section 43.261, Penal Code; or
277	280		(3) that is described by Section 2 or 5, Article
278	281		38.071, of this code.
279	282		SECTION 3. Article 39.15(a), Code of Criminal Procedure, is
280	283		amended to read as follows:
281	284		(a) In the manner provided by this article, a court shall
282	285		allow discovery under Article 39.14 of property or material:
283	286		(1) that constitutes child pornography, as described
284	287		by Section 43.26(a-1)(1) or (a-2)(2) [43.26(a)(1)], Penal Code;
285	288		(2) the promotion or possession of which is prohibited
286	289		under Section 43.261, Penal Code; or
287	290		(3) that is described by Section 2 or 5, Article
288	291		38.071, of this code.
289	292		SECTION 4. Section 21.16(a)(5), Penal Code, is amended to
290	293		read as follows:
291	294		(5) "Visual material" means:
292	295		(A) any film, photograph, videotape, negative,
293	296		or slide or any photographic reproduction that contains or
294	297		incorporates in any manner any film, photograph, videotape,
295	298		negative, or slide; or
296	299		(B) any disk, diskette, or other physical medium,
297	300		or a file in any digital format, that allows an image to be
298	301		displayed on a computer or other video screen and any image
299	302		transmitted to a computer or other video screen by telephone line,
300	303		cable, satellite transmission, or other method.
301	304		SECTION 5. Section 43.261(b-1), Penal Code, is amended to
302	305		read as follows:
303	306		(b-1) For purposes of conduct prohibited under Subsection
304	307		(b), visual material to which that conduct applies includes:
305	308		(1) a depiction of a minor:
306	309		(A) [(1)] who is recognizable as an actual person
307	310		by the person's face, likeness, or other distinguishing
308	311		characteristic, such as a unique birthmark or other recognizable
309	312		feature; and
310	313		(B) [(2)] whose image as a minor was used in
311	314		creating, adapting, or modifying the visual material, including
312	315		computer-generated visual material that was created, adapted, or
313	316		modified using an artificial intelligence application or other
314	317		computer software; or
315	318		(2) a depiction of a minor, created using an
316	319		artificial intelligence application or other computer software,
317	320		that to a reasonable person is virtually indistinguishable from an
318	321		actual minor.
319	322		SECTION 6. Section 43.262(b-1), Penal Code, is amended to
320	323		read as follows:
321	324		(b-1) For purposes of conduct prohibited under Subsection
322	325		(b), visual material to which that conduct applies includes:
323	326		(1) a depiction of a child:
324	327		(A) [(1)] who is recognizable as an actual person
325	328		by the person's face, likeness, or other distinguishing
326	329		characteristic, such as a unique birthmark or other recognizable
327	330		feature; and
328	331		(B) [(2)] whose image as a child younger than 18
329	332		years of age was used in creating, adapting, or modifying the visual
330	333		material, including computer-generated visual material that was
331	334		created, adapted, or modified using an artificial intelligence
332	335		application or other computer software; or
333	336		(2) a depiction of a child, created using an
334	337		artificial intelligence application or other computer software,
335	338		that to a reasonable person is virtually indistinguishable from an
336	339		actual child younger than 18 years of age.
337	340		SECTION 7. The following provisions of the Penal Code are
338	341		repealed:
339	342		(1) Sections 43.26(b), (c), (d), (d-2), and (i);
340	343		(2) Section 43.26(d-1), as added by Chapter 93 (S.B.
341	344		1527), Acts of the 88th Legislature, Regular Session, 2023; and
342	345		(3) Section 43.26(d-1), Penal Code, as added by
343	346		Chapter 1041 (S.B. 129), Acts of the 88th Legislature, Regular
344	347		Session, 2023.
345	348		SECTION 8. The changes in law made by this Act apply only to
346	349		an offense committed on or after the effective date of this Act. An
347	350		offense committed before the effective date of this Act is governed
348	351		by the law in effect on the date the offense was committed, and the
349	352		former law is continued in effect for that purpose. For purposes
350	353		of this section, an offense was committed before the effective date
351	354		of this Act if any element of the offense was committed before that
352	355		date.
353	356		SECTION 9. This Act takes effect September 1, 2025.
	357	+	* * * * *