1-1 relating to the prosecution of the offense of possession or
1-2 promotion of child pornography.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a), (b), and (f), Section 43.26,
1-5 Penal Code, are amended to read as follows:
1-6 (a) A person commits an offense if:
1-7 (1) the person knowingly or intentionally possesses
1-8 visual material [
containing a film image] that visually depicts a
1-9 child younger than 18 years of age at the time the [ film] image of
1-10 the child was made who is engaging in sexual conduct; and
1-11 (2) the person knows that the material depicts the
1-12 child as described by Subdivision (1).
1-13 (b) In this section:
1-14 (1) [ "Film image" includes a photograph, slide,
1-15 negative, film, or videotape, or a reproduction of any of these.]
1-16 [ (2) "Sexual conduct" has the meaning assigned by
1-17 Section 43.25.]
1-18 [ (3)] "Promote" has the meaning assigned by Section
1-20 (2) "Sexual conduct" has the meaning assigned by
1-21 Section 43.25.
1-22 (3) "Visual material" means:
1-23 (A) any film, photograph, videotape, negative,
2-1 or slide or any photographic reproduction that contains or
2-2 incorporates in any manner any film, photograph, videotape,
2-3 negative, or slide; or
2-4 (B) any disk, diskette, or other physical medium
2-5 that allows an image to be displayed on a computer or other video
2-6 screen and any image transmitted to a computer or other video
2-7 screen by telephone line, cable, satellite transmission, or other
2-9 (f) A person who possesses visual material that contains six
2-10 or more identical visual depictions of [ film images depicting] a
2-11 child as described by Subsection (a)(1) is presumed to possess the
2-12 material [ film images] with the intent to promote the material.
2-13 SECTION 2. (a) The change in law made by this Act applies
2-14 only to an offense committed on or after the effective date of this
2-15 Act. For purposes of this section, an offense is committed before
2-16 the effective date of this Act if any element of the offense occurs
2-17 before the effective date.
2-18 (b) An offense committed before the effective date of this
2-19 Act is covered by the law in effect when the offense was committed,
2-20 and the former law is continued in effect for that purpose.
2-21 SECTION 3. This Act takes effect September 1, 1997.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 674 passed the Senate on
March 10, 1997, by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 674 passed the House on
May 23, 1997, by a non-record vote.
Chief Clerk of the House