S.B. No. 20 introduces a new criminal offense under Section 43.235 of the Penal Code, targeting the possession, promotion, or production of 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 or promote obscene visual material depicting a child under 18 years old, regardless of whether the depiction is of an actual child, a cartoon, or generated by artificial intelligence. The offense is classified as a state jail felony, with increased penalties for repeat offenders.

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 reenacts and amends Section 71.02(a) to include offenses under Section 43.235 as part of the criteria for criminal gang activity. 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)
House Committee Report: Penal Code 3.03 (Penal Code 3)
Enrolled: Penal Code 3.03 (Penal Code 3)