S.B. No. 1621 aims to strengthen the prosecution and punishment of offenses related to sexually explicit visual material involving children, including computer-generated depictions. 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 the age of the child depicted. The bill also enhances penalties for repeat offenders and those who display such material in school libraries, while specifying that the state does not need to prove the identity of the child in the depiction.

Furthermore, the bill modifies existing legal language to create a more robust framework for addressing child pornography and visual material depicting minors. It introduces new felony classifications for offenses involving computer-generated depictions and establishes affirmative defenses for law enforcement officers and school administrators under certain conditions. The bill also clarifies that visual material created using artificial intelligence that closely resembles actual minors is included in the prohibited conduct. The changes will take effect for offenses committed on or after September 1, 2025, and aim to provide law enforcement with enhanced tools to combat the exploitation of children through visual material.

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