S.B. No. 1621 seeks to enhance the prosecution and punishment of offenses related to sexually explicit visual material involving children and computer-generated depictions of children. The bill amends Section 43.26 of the Penal Code by introducing new definitions, such as "depiction of a child" and "depiction of a computer-generated child," which clarify what constitutes illegal visual material. It establishes new offenses for intentionally or knowingly possessing or accessing such material, with penalties that vary based on the number of depictions and prior convictions. The bill also increases the severity of penalties, categorizing these offenses as felonies of varying degrees, particularly for cases involving children under 10 years old.

Additionally, S.B. No. 1621 modifies various sections of the Penal Code and the Code of Criminal Procedure to strengthen the legal framework surrounding child pornography. It introduces new classifications of offenses, including those related to computer-generated depictions, and establishes that certain offenses are felonies of the third degree with escalated penalties for repeat offenders. The bill also provides affirmative defenses for law enforcement officers and individuals close in age to the depicted child. Furthermore, it repeals existing provisions related to child pornography and updates the definition of "visual material" to encompass digital formats, including AI-generated depictions. The changes will take effect on September 1, 2025, and aim to bolster protections against the exploitation of children in visual media.

Statutes affected:
Introduced: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)
Senate Committee Report: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)
Engrossed: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)
House Committee Report: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)
Enrolled: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)