S.B. No. 20 introduces a new criminal offense under Section 43.235 of the Penal Code, addressing the possession, promotion, or production of certain obscene visual material that appears to depict a child. The bill defines "promote" and "visual material" by referencing existing sections of the Penal Code. It establishes that a person commits an offense if they knowingly possess, access with intent to view, or promote obscene visual material depicting a child under 18 years old engaging in specific activities, regardless of whether the depiction is of an actual child, a cartoon, or generated by artificial intelligence. Additionally, it criminalizes the use of an actual child's image for training AI models to produce child pornography. Offenses under this section are classified as state jail felonies, with increased penalties for repeat offenders.

The bill also 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. Furthermore, it adds Section 43.235 to the list of offenses under Section 71.02(a) related to criminal street gangs and foreign terrorist organizations. The changes in law 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)
House Committee Report: Penal Code 3.03 (Penal Code 3)
Enrolled: Penal Code 3.03 (Penal Code 3)