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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of certain criminal offenses prohibiting |
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sexually explicit visual material involving children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.26, Penal Code, is amended by adding |
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Subsection (i) to read as follows: |
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(i) For purposes of conduct prohibited under this section, |
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visual material to which that conduct applies includes a depiction |
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of a child: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image as a child younger than 18 years of age |
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was used in creating, adapting, or modifying the visual material, |
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including computer-generated visual material that was created, |
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adapted, or modified using an artificial intelligence application |
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or other computer software. |
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SECTION 2. Section 43.261, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes a |
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depiction of a minor: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image as a minor was used in creating, |
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adapting, or modifying the visual material, including |
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computer-generated visual material that was created, adapted, or |
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modified using an artificial intelligence application or other |
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computer software. |
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SECTION 3. Section 43.262, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) For purposes of conduct prohibited under Subsection |
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(b), visual material to which that conduct applies includes a |
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depiction of a child: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image as a child younger than 18 years of age |
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was used in creating, adapting, or modifying the visual material, |
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including computer-generated visual material that was created, |
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adapted, or modified using an artificial intelligence application |
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or other computer software. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2023. |