The bill amends Section 43.26 of the Penal Code to enhance the prosecution and punishment of offenses related to sexually explicit visual material involving depictions of children and computer-generated children. It introduces new definitions, such as "depiction of a child" and "depiction of a computer-generated child," which clarify what constitutes illegal visual material. The bill establishes specific offenses for possessing or accessing such material, with penalties that escalate based on the number of depictions and the age of the child depicted. For example, possessing visual material depicting a child engaging in sexual conduct is classified as a felony of the third degree, with potential escalation to a felony of the second or first degree under certain circumstances, including prior convictions or the number of depictions involved.

Additionally, the bill increases penalties for offenses involving visual material depicting children younger than 10 years old and imposes enhanced punishments for those displaying such material in school libraries or working in child-care facilities. The prosecution is not required to prove the identity of the child depicted, and there is a rebuttable presumption that the depiction is of an actual child rather than a computer-generated image. The bill also repeals several existing provisions related to child pornography and modifies the criteria for prohibited visual material, particularly concerning artificial intelligence-generated content. It ensures that the new legal standards apply only to offenses committed after the effective date of the Act, set for September 1, 2025, thereby strengthening protections against the exploitation of children while adapting to advancements in visual media.

Statutes affected:
Introduced: Penal Code 43.26, Penal Code 21.16 (Penal Code 21, Penal Code 43)