88R7731 JRR-D
 
  By: Guillen, Noble, Plesa, et al. H.B. No. 2700
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prosecution of certain criminal offenses prohibiting
  sexually explicit visual material involving children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.26, Penal Code, is amended by adding
  Subsection (i) to read as follows:
         (i)  For purposes of conduct prohibited under this section,
  visual material to which that conduct applies includes a depiction
  of a child:
               (1)  who is recognizable as an actual person by the
  person's face, likeness, or other distinguishing characteristic,
  such as a unique birthmark or other recognizable feature; and
               (2)  whose image as a child younger than 18 years of age
  was used in creating, adapting, or modifying the visual material,
  including computer-generated visual material that was created,
  adapted, or modified using an artificial intelligence application
  or other computer software.
         SECTION 2.  Section 43.261, Penal Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  For purposes of conduct prohibited under Subsection
  (b), visual material to which that conduct applies includes a
  depiction of a minor:
               (1)  who is recognizable as an actual person by the
  person's face, likeness, or other distinguishing characteristic,
  such as a unique birthmark or other recognizable feature; and
               (2)  whose image as a minor was used in creating,
  adapting, or modifying the visual material, including
  computer-generated visual material that was created, adapted, or
  modified using an artificial intelligence application or other
  computer software.
         SECTION 3.  Section 43.262, Penal Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  For purposes of conduct prohibited under Subsection
  (b), visual material to which that conduct applies includes a
  depiction of a child:
               (1)  who is recognizable as an actual person by the
  person's face, likeness, or other distinguishing characteristic,
  such as a unique birthmark or other recognizable feature; and
               (2)  whose image as a child younger than 18 years of age
  was used in creating, adapting, or modifying the visual material,
  including computer-generated visual material that was created,
  adapted, or modified using an artificial intelligence application
  or other computer software.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 5.  This Act takes effect September 1, 2023.