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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 offense 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 |
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amending subsection (b) to read as follows: |
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(b) In this section: |
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(1) "Indistinguishable" means when used in respect to |
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a visual depiction, means virtually indistinguishable, in that |
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visual depiction is such that an ordinary person viewing the visual |
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depiction would conclude that the visual depiction is of an actual |
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minor engaged in a prohibited sexual act. |
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(12) "Promote" has the meaning assigned by Section |
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43.25. |
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(23) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(34) "Visual material" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium |
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that allows an image to be displayed on a computer or other video |
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screen and any image transmitted to a computer or other video screen |
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by telephone line, cable, satellite transmission, or other method. |
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SECTION 2. Section 43.26(i), Penal Code is amended to read |
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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 or |
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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. is indistinguishable from an actual |
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minor created by the use of artificial intelligence or other |
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computer technology capable of processing and interpreting |
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specific data inputs to create a visual depiction. |
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SECTION 3. Section 43.261, Penal Code is amended by |
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amending 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 or |
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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. is indistinguishable from an actual minor |
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created by the use of artificial intelligence or other computer |
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technology capable of processing and interpreting specific data |
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inputs to create a visual depiction. |
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SECTION 4. Section 43.262, Penal Code, is amended by |
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amending 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; andor |
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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. is indistinguishable from an actual |
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minor created by the use of artificial intelligence or other |
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computer technology capable of processing and interpreting |
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specific data inputs to create a visual depiction. |
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SECTION 5. 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 6. This Act takes effect September 1, 2025. |