S.B. No. 1621 aims to strengthen the prosecution and punishment of crimes involving sexually explicit visual material related to children, including both real and computer-generated images. The bill introduces new definitions, such as "depiction of a child" and "depiction of a computer-generated child," to clarify what constitutes illegal material. It establishes specific offenses for possessing or accessing such material, with penalties that increase based on the number of depictions and the offender's prior convictions. For example, possessing material depicting a child in sexual conduct is classified as a third-degree felony, with harsher penalties for repeat offenders or those with a larger number of depictions.

The bill also modifies existing legal language by removing the requirement to prove the identity of the child depicted and establishing a rebuttable presumption that the depiction is of an actual child. It increases penalties for offenses involving children under the age of 10 and introduces affirmative defenses for law enforcement and school administrators who possess such material in good faith, as well as for individuals with legitimate educational or medical purposes. Furthermore, it clarifies that "visual material" includes digital formats and images created using artificial intelligence that resemble actual minors. The bill repeals certain provisions of the Penal Code related to child pornography and specifies that the changes will apply only to offenses committed after the effective date of the Act, set for September 1, 2025.

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)