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 increases penalties for cases involving children under the age of 10 and for repeat offenders, while streamlining legal definitions and clarifying prosecution responsibilities.

Furthermore, the bill modifies existing language to eliminate the requirement for the state to prove the identity of the child in the depiction, creating a rebuttable presumption that the depiction is of an actual child. It introduces new felony classifications for offenses involving computer-generated depictions and establishes affirmative defenses for law enforcement and school administrators who possess such material in good faith. The bill also updates definitions related to visual material and repeals outdated provisions, ensuring that visual material created using artificial intelligence that resembles actual minors is included under prohibitions. These changes will take effect for offenses committed on or after 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)
Enrolled: Penal Code 43.26, Penal Code 21.16 (Penal Code 43, Penal Code 21)