Senate Research Center   S.B. 674
By: Brown
Criminal Justice
As Filed


Currently, the Texas Penal Code is not keeping pace with technology in the
area of child pornography, and a loophole exists which impedes the
prosecution of possession or promotion of child pornography when images
are depicted or distributed by computer.  This legislation incorporates
all types of technology into a newly created definition of "visual
material" in order to better prosecute child pornography crimes.   


As proposed, S.B. 674 establishes the prosecution of the offense of
possession or promotion of child pornography. 


This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 


SECTION 1. Amends Sections 43.26(a), (b), and (f), Penal Code, to provide
that a person commits an offense if the person knowingly or intentionally
possesses visual material, rather than material containing a film image,
that visually depicts a child younger than 18 years of age at the time the
image of the child was made who is engaging in sexual conduct; and the
person knows that the material depicts the child as such.  Deletes the
definition of "film image."  Defines "visual material" as any film,
photograph, videotape, negative, slide, or any photographic reproduction
incorporating or containing any of these mediums; 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.  Provides that a person who possesses visual material that
contains six or more identical visual depictions of, rather than film
images depicting, a child as described by Subsection (a)(1) is presumed to
possess the material, rather than film images, with the intent to promote
the material.  Makes conforming changes. 
SECTION 2. Makes application of this Act prospective. 

SECTION 3. Effective date:  September 1, 1997.
SECTION 4. Emergency clause.