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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of possession or |
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promotion of obscene visual material appearing to depict a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.235 to read as follows: |
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Sec. 43.235. POSSESSION OR PROMOTION OF OBSCENE VISUAL |
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MATERIAL APPEARING TO DEPICT CHILD. (a) In this section: |
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(1) "Promote" has the meaning assigned by Section |
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43.25. |
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(2) "Visual material" has the meaning assigned by |
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Section 43.26. |
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(b) A person commits an offense if the person knowingly |
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possesses, accesses with intent to view, or promotes obscene visual |
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material containing a depiction that appears to be of a child |
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younger than 18 years of age engaging in activities described by |
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Section 43.21(a)(1)(B), regardless of whether the depiction is an |
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image of an actual child, a cartoon or animation, or an image |
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created using an artificial intelligence application or other |
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computer software. |
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(c) An offense under this section is a state jail felony, |
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except that the offense is: |
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(1) a felony of the third degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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one time of an offense under this section or Section 43.23, 43.26, |
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43.261, or 43.262; or |
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(2) a felony of the second degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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two or more times of an offense under this section, Section 43.23, |
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43.26, 43.261, or 43.262, or any combination of those offenses. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another law, the actor may be |
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prosecuted under this section or the other law, but not both. |
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SECTION 2. Section 71.02(a), Penal Code, as amended by |
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Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B. |
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4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular |
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Session, 2023, is reenacted and amended to read as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang or |
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foreign terrorist organization, the person commits or conspires to |
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commit one or more of the following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or disabled |
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individual, solicitation of a minor, forgery, deadly conduct, |
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assault punishable as a Class A misdemeanor, burglary of a motor |
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vehicle, or unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug: |
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(A) through forgery, fraud, misrepresentation, |
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or deception; or |
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(B) with the intent to deliver the controlled |
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substance or dangerous drug; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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[(5-b) any unlawful possession with intent to deliver |
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a controlled substance or dangerous drug; |
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[(5-b) unlawful possession with intent to deliver a |
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controlled substance listed in Penalty Group 1-B under Section |
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481.1022, Health and Safety Code;] |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 43.235; |
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(17) any offense under Section 46.06(a)(1) or 46.14; |
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(18) [(17)] any offense under Section 20.05, 20.06, or |
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20.07; |
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(19) [(18)] any offense under Section 16.02; |
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(20) [(19)] any offense punishable under Section |
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42.03(d) or (e); |
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(21) [(19)] an offense under Section 28.03 that is |
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punishable under Subsection (b)(4)(E) of that section; |
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(22) [(20)] an offense under Section 31.21 that is |
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punishable under Subsection (d) of that section; [or] |
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(23) [(20)] any offense classified as a felony under |
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the Tax Code; or |
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(24) [(21)] any offense under Section 545.420, |
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Transportation Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |
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* * * * * |