S.B. No. 20 introduces a new criminal offense in Texas related to the possession or promotion of obscene visual material that appears to depict a child. The bill adds Section 43.235 to the Penal Code, defining the offense as knowingly possessing, accessing with intent to view, or promoting obscene visual material that contains depictions of a child under 18 years old engaging in specific activities. This includes images of actual children, cartoons, animations, or AI-generated content. The offense is classified as a state jail felony, with escalated penalties for repeat offenders, and allows for prosecution under this section or other applicable laws.

Additionally, the bill amends Section 3.03(b) of the Penal Code to include offenses under Section 43.235 in the list of offenses for which sentences may run concurrently or consecutively. It also updates Section 71.02(a) to classify offenses under Section 43.235 as part of the criteria for gang-related criminal activities. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: ()
Senate Committee Report: ()
Engrossed: Penal Code 3.03 (Penal Code 3)